IE
(LRC Revised)
Statutory Text (1 Articles)
Number 28 of 1947
HEALTH ACT 1947
REVISED
Updated to 14 May 2026
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Health Act 1947
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Mental Health Act 2026
(11/2026), enacted 7 May 2026, and all statutory
instruments up to and including the
Infectious Diseases (Amendment) Regulations 2026
(S.I. No. 209 of 2026), made 14 May 2026, were considered in the
preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
28
of
1947.
HEALTH ACT 1947
REVISED
Updated to 14 May 2026
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section
1.
Short title.
2.
Definitions.
3.
Commencement.
4.
Repeals.
5.
Regulations.
6.
Continuation of existing regulations.
7.
Revocation or amendment of order made by the Minister under this Act.
8.
Collection and disposal of moneys payable to the Minister.
9.
Expenses of the Minister.
9A.
Liability for offences by
bodies corporate.
9B.
Exercise of jurisdiction by
District Court and Circuit Court under sections 31AB to 31AK.
9C.
Service of
documents.
PART II.
Institutions.
10.
Provision and maintenance of health institutions.
(Repealed)
11.
Discontinuance of health institution.
(Repealed)
12.
Agreement for use of institution.
(Repealed)
13.
Joint user of certain institutions by health authority and public assistance authority.
(Repealed)
14.
Transfer of district institution.
(Repealed)
15.
Transfer of institution maintained by sanitary authority.
(Repealed)
16.
Transfer of the Hospital of Saint Margaret of Cortona to the Dublin Corporation.
(Repealed)
17.
Charges for institutional services.
(Repealed)
18.
Management of health institutions.
(Repealed)
19.
Amendment of sub-section (2) of section 6 of Tuberculosis (Establishment of Sanatoria)
Act, 1945.
(Repealed)
20.
Power to provide land for an institution.
(Repealed)
PART III.
Mother and Child Service.
21.
Safeguarding of health of women as respects motherhood.
(Repealed)
22.
Attendance to health of children not pupils of schools.
(Repealed)
23.
Attendance to health of pupils of schools.
(Repealed)
24.
Notice of medical inspection of children.
(Repealed)
25.
Obligation to submit children to medical inspection.
(Repealed)
26.
Affording of facilities for medical inspection of children at schools.
(Repealed)
27.
Grant for mother and child service.
28.
Regulations as to exercise by health authorities of their powers under Part III.
(Repealed)
PART IV.
Infectious Disease and Infestation.
Chapter I.
Infectious Disease
.
29.
Infectious diseases.
30.
General duty to take precautions against infecting others with infectious disease.
31.
Regulations for preventing the spread of infectious disease.
31A.
Regulations for preventing, limiting, minimising or slowing spread of Covid-19.
31AA.
Confirmation of certain provision of regulation under section 31A(1) as fixed penalty
provision.
31AB.
Disapplication
of certain provisions in respect of certain premises so as to enable
those premises to grant access to members of the public under certain
conditions.
31AC.
Matters
relating to documents provided for purposes of section 31AB.
31AD.
Compliance
officers.
31AE.
Entry,
inspection, etc., of relevant indoor premises.
31AF.
Application
for emergency cessation order.
31AG.
Compliance
notice.
31AH.
Application
for cessation order.
31AI.
Applicable
provisions in relation to certain orders.
31AJ.
Appeal against
compliance notice.
31AK.
Appeal against
order.
31AL.
Data
Protection.
31B.
Affected areas orders.
31C.
Fixed payment notice in respect of certain alleged offences.
31D.
Power of member of Garda Síochána to give direction.
32.
Exemption from requirement to submit to measures in relation to protection or immunisation
against infectious disease.
33.
Selling or letting dwelling after infection.
34.
Cesser of occupation of dwelling after infection.
35.
Question as to infection in dwelling.
36.
Giving of lodging after infection.
37.
Procedure on giving of infected premises notice to the district medical officer.
38.
Detention and isolation of person who is probable source of infection.
38A.
Detention and isolation of persons in certain circumstances.
38B.
Obligation on certain persons
coming into State to quarantine in designated facilities in certain
circumstances.
(Ceased)
38C.
Return of applicable traveller
to designated facility.
(Ceased)
38D.
Offences related to quarantine
and power to give direction.
(Ceased)
38E.
Designated state.
(Ceased)
38F.
Designated facilities.
(Ceased)
38G.
Regulations for giving further
effect to certain matters relating to the requirement to
quarantine.
(Ceased)
38H.
Service agreements for
conveying and returning persons to designated facilities.
(Ceased)
38I.
Service agreements for
accommodation and maintenance for purposes of quarantine.
(Ceased)
38J.
Requirements in relation to
maintaining records for the purposes of section 38B.
(Ceased)
38K.
Data Protection.
(Ceased)
38L.
Arrangements with other
Ministers of Government to carry out certain functions under Act.
(Ceased)
38M.
Obligations on travel
organisers.
(Ceased)
38N.
Obligation on certain persons
coming into State to quarantine in designated facilities in certain
circumstances.
38O.
Return of applicable traveller
to designated facility.
38P.
Offences related to quarantine
and power to give direction.
38Q.
Designated state.
38R.
Designated
facilities.
38S.
Regulations for giving further
effect to certain matters relating to requirement to
quarantine.
38T.
Service agreements for
conveying and returning persons to designated facilities.
38U.
Service agreements for
accommodation and maintenance for purposes of quarantine.
38V.
Requirements in relation to
maintaining records for the purposes of section 38N.
38W.
Data Protection.
38X.
Arrangements with other
Ministers of Government to carry out certain functions under
Act.
38Y.
Obligations on travel
organisers.
38Z.
Authorisations and permissions
for purposes of section 38N.
39.
Burial by health authority of body of person dying from infectious disease.
40.
Accommodation for persons compelled to leave their homes.
41.
Rehabilitation of persons suffering or recovering from infectious disease.
42.
Nurses for infectious diseases.
43.
Presumption in civil action as to cause of infection.
44.
Maintenance of person suffering from infectious disease, etc.
(Repealed)
45.
Treatment of infectious diseases in particular institutions.
Chapter II.
Verminous persons and articles
.
46.
Precautions to be taken by verminous persons.
47.
Precautions to be taken in relation to verminous articles.
48.
Prohibition of verminous child attending school.
49.
Regulations for preventing the spread of infestation.
50.
Arrangements by health authorities for disinfestation of verminous persons, buildings,
etc.
Chapter III.
Ancillary Provisions
.
51.
Facilities for exercise of powers and duties of health authorities under Part IV.
52.
Prosecution of offences under Part IV.
PART V.
Food and Drink.
53.
Definition for Part V.
54.
Regulations for prevention of danger from food and drink.
55.
Licensing and registration of persons and premises.
(Repealed)
56.
Standards for food and drink.
57.
Examination of samples of food and drink.
58.
Giving and taking of samples, etc.
59.
Enforcement of regulations under Part V, etc.
60.
Charges under regulations under Part V.
61.
Obstruction of execution of regulations under Part V.
62.
Restrictions on sale, etc., of food by dealers in rags, etc.
63.
Prosecutions for offences under Part V.
64.
Food kept in certain establishments.
PART VI.
Provisions in Relation to Medical and Toilet Preparations and Certain Other Articles.
65.
Control of advertisement or sale of medical and toilet preparations.
(Repealed)
66.
Restriction on importation, manufacture or sale of certain articles.
67.
Regulations as to flock.
(Repealed)
PART VII.
Officers of Health Authorities.
68.
Definitions for Part VII.
(Repealed)
69.
County medical officers.
(Repealed)
70.
Assistant county medical officers.
(Repealed)
71.
City medical officers.
(Repealed)
72.
Assistant city medical officers.
(Repealed)
73.
District medical officers of health.
(Repealed)
74.
Bacteriologists.
(Repealed)
75.
Health inspectors.
(Repealed)
76.
Provisions relating to holders of certain offices under sanitary authorities.
(Repealed)
PART VIII.
Acquisition and Disposal of Land by Health Authorities.
77.
Definitions for purposes of Part VIII.
78.
Powers of health authority to acquire land.
79.
Incorporation of Lands Clauses Acts.
80.
Power of health authority to inspect land.
81.
Making of compulsory acquisition order.
82.
Notices, etc., of making of compulsory acquisition order.
83.
Confirmation of compulsory acquisition order.
84.
Notices, etc., of confirmation of compulsory acquisition order.
85.
Annulment of compulsory acquisition order by the High Court.
86.
Commencement of compulsory acquisition order.
87.
Annuity or other payment to Irish Land Commission or Commissioners of Public Works
in Ireland.
88.
Appropriation of surplus land to other purposes.
89.
Disposal of surplus land.
90.
Giving of notices under Part VIII.
PART IX.
Enforcement of the Act.
91.
Authorised officers.
92.
Limitations on exercise of powers of authorised officers.
93.
Requirement to state name and address.
94.
Entry on premises.
95.
Assistance from member of Garda Síochána.
96.
Enforcement by Garda Síochána.
97.
Onus of proof.
PART X.
Miscellaneous Provisions.
98.
Consultative Councils.
99.
Dissemination of information and advice on health.
(Repealed)
100.
Tests of the quality and nature of substances.
101.
Joint action by health authorities.
(Repealed)
102.
Home nursing.
(Repealed)
103.
Borrowing by health authority.
(Repealed)
104.
Provision of ambulances.
(Repealed)
105.
Provision of residences for officers and servants.
106.
Amendment of Rats and Mice (Destruction) Act, 1919.
107.
Dissolution of Port Sanitary Authorities.
108.
Compensation for damage to person or property.
109.
Adaptation of enactments.
FIRST SCHEDULE.
SECOND SCHEDULE.
Acts Referred to
Air Navigation and Transport Act, 1936
No. 40 of 1936
National Health Insurance Act, 1929
No. 42 of 1929
Tuberculosis (Establishment of Sanatoria), Act, 1945
No. 4 of 1945
Road Traffic Act, 1933
No. 11 of 1933
Public Assistance Act, 1939
No. 27 of 1939
Local Government Act, 1941
No. 23 of 1941
Local Government Act, 1925
No. 5 of 1925
Transport Act, 1944
No. 21 of 1944
Local Government Act, 1946
No. 24 of 1946
Number
28
of
1947.
HEALTH ACT 1947
REVISED
Updated to 14 May 2026
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE HEALTH OF THE PEOPLE
AND TO PROVIDE FOR THE MAKING OF REGULATIONS BY VIRTUE OF WHICH CERTAIN CHARGES MAY
BE MADE. [13
th August
, 1947.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text)
C1
Offences under Act, referred to as "food legislation", provided
(22.03.2010) by
European Communities (Official Control of Foodstuffs)
Regulations 2010
(S.I. No. 117 of 2010), regs. 23, 24.
23. (1) A person is guilty of an offence if he or she forges, or utters knowing it
to be forged, a certificate of analysis or other document purporting to be issued,
granted or given under these Regulations or food legislation or required for the purposes
of these Regulations or food legislation (hereafter referred to as “a forged document”).
(2) A person is guilty of an offence if he or she alters with intent to defraud or
deceive, or utters knowing it to be so altered, a certificate of analysis or other
document issued, granted or given under these Regulations or food legislation, or
required for the purposes of these Regulations or food legislation (hereafter referred
to as “an altered document”).
(3) A person is guilty of an offence if he or she, without lawful authority, has in
his or her possession a forged document or an altered document, knowing it to be a
forged or altered document as the case may be.
(4) A person is guilty of an offence if he or she with the intent to defraud or deceive
(
a
) tampers with
any substance or thing with the result that a sample taken pursuant to these
Regulations or food legislation does not correctly represent the substance
sampled, or
(
b
) tampers or
interferes with any sample taken under these Regulations or food legislation.
(5) A person is guilty of an offence if he or she falsely represents himself or herself
to be an authorised officer.
24. (1) For the purposes of these Regulations, every contravention of a provision
of these Regulations shall be deemed a separate contravention and every contravention
of a paragraph or a subparagraph of such provision shall also be deemed to be a separate
contravention and shall carry the same penalty as for a single contravention of any
such provision.
(2) A person who is guilty of an offence under these Regulations is liable
(
a
) on summary
conviction to a fine not exceeding €5,000 or at the discretion of the Court
to imprisonment for a term not exceeding 3 months, or both, or,
(
b
) on conviction
on indictment, to a fine not exceeding €500,000, or imprisonment for a term
not exceeding 3 years, or both.
(3) Where a person is convicted of an offence under these Regulations, the court shall,
unless it is satisfied that there are special and substantial reasons for not so doing,
order the person to pay to the Authority or the official agency, as the case may be,
the costs and expenses, measured by the court, incurred by the Authority or official
agency in relation to the investigation, detection and prosecution of the offence,
including costs and expenses incurred in the taking of samples, the carrying out of
tests, examinations and analyses and in respect of the remuneration and other expenses
of employees, consultants and advisors engaged by the Authority or official agency.
(4) An order for costs and expenses under subsection (3) is in addition to, and not
instead of, any fine or penalty the court may impose under subsection (2).
C2
Term “sanitary authority” construed in relation to water services (31.12.2007) by
Water Services Act 2007
(30/2007), s. 39 and (1.01.2014) by
Water Services (No. 2) Act 2013
(50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.
— All functions assigned to sanitary authorities under any other enactment shall, in
so far as they relate to the carrying out by a water services authority of functions
in relation to the provision of water services, be deemed to be functions of a water
services authority, and all references to a sanitary authority in those acts and related
enactments are to be construed accordingly.
...
Transfer of functions from water service authorities to Irish Water
7.
...
(3) All functions of sanitary authorities deemed to be functions of a water services
authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred
to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment
shall, on and after the transfer day, in so far as they relate to any function transferred
by subsection (3), be construed as references to Irish Water.
C3
Functions under Act, referred to as an existing enactment, transferred to
Consumer Protection Agency
(1.05.2007, establishment day) by
Consumer Protection Act 2007
(19/2007), s. 37, S.I. No. 179 of 2007.
Transfer of functions to Agency.
37.
—(1) The administration and business in connection with the exercise, performance or
execution of any of the functions transferred by subsection (2) are transferred to
the Agency on the establishment day.
(2) The functions vested in the Director by or under the existing enactments are transferred
to the Agency on the establishment day.
(3) References to the Director and the office of the Director contained in any Act
(within the meaning of the Interpretation Act 2005 ) or instrument (including a licence
or certificate granted, nomination made or consent or authorisation given thereunder)
relating to any functions transferred by subsection (2) shall, on and after the establishment
day, be read as references to the Agency.
(4) Anything commenced before the establishment day by or under the authority of the
Director may, in so far as it relates to functions transferred by subsection (2) to
the Agency, be carried on or completed on or after that day by the Agency.
...
C4
Functions transferred (1.01.2005, establishment day) by
Health Act 2004
(42/2004), s. 59, S.I. No. 885 of 2004, subject to transitional provisions in s.
74 and sch. 5.
Transfer of functions of specified bodies to Executive.
59.
—(1) The functions that, immediately before the establishment day, were the functions
of a specified body under or in connection with the enactments referred to in Schedule
3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an
instrument made under such enactment, does not come into effect until on or after
the establishment day, a function that on the passing of that enactment or the making
of that instrument was assigned under or in connection with that provision to a specified
body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified
in any enactment referred to in Schedule 3 as a function of the following
(
a
) the chief
executive officer of a health board;
(
b
) the Regional
Chief Executive of the Eastern Regional Health Authority;
(
c
) the area chief
executive of an Area Health Board.
(4) This section does not apply in relation to the functions of the Hospital Bodies
Administrative Bureau.
...
SCHEDULE
Transfer of Functions and References to Functional Areas
Section 59 and 67.
1. Health Acts 1947 to 2001
...
C5
Application of collectively cited
Health Acts
restricted (7.05.1986) by
Health (Amendment) Act 1986
(10/1986), s. 2(1), commenced on enactment.
Charges by health boards for provision of in-patient services and out-patient services
in respect of certain injuries caused by mechanically propelled vehicles.
2.
—(1) Where—
(
a
) injury is
caused to a person by the negligent use of a mechanically propelled vehicle in a
public place, and
(
b
) in-patient
services or out-patient services have been, are being or will be provided by or on
behalf of a health board in respect of the injury, and
(
c
) any one of the
following, that is to say, the person aforesaid, his personal representative or
dependant, has received, or is entitled to receive damages or compensation in
respect of the negligent use aforesaid from the person liable to pay such damages
or compensation in respect of that injury, or any loss, damage or expense (or
mental distress in the case of a dependant) arising therefrom,
the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985,
make a charge upon the person who received or is entitled to receive such damages
or compensation in respect of the said in-patient services or out-patient services.
(2) (
a
) A health
board may waive the whole or part of a charge under
subsection (1)
of this
section if it considers it proper to do so—
(i) having had regard to the amount of damages or compensation, and interest (if any)
thereon, received by the person liable to pay the charge in respect of the injury
to which the charge relates, and
(ii) in a case where there was contributory negligence on the part of the person to
whose injury the charge relates or of one for whose acts he is responsible, having
had regard to any reduction in the amount which would have been received but for the
contributory negligence.
(
b
) In proceedings
brought by a person to whom injury is caused by the negligent use of a
mechanically propelled vehicle in a public place, or by the personal
representative or dependant, of such a person in respect of such negligent use as
aforesaid, claiming damages in respect of that injury, or any loss, damage or
expense (or mental distress in the case of a dependant) arising therefrom,
paragraph (a)
of this subsection shall be disregarded.
C6
Application of Act extended (1.01.1954) by
Health Act 1953
(26/1953), s. 3(3), S.I. No. 377 of 1953.
Principal Act and construction of that Act and this Act.
3.
—(1) In this Act “the Principal Act” means the Health Act, 1947 (No. 28 of 1947).
(2) The Principal Act and this Act shall be construed together as one Act.
(3) Without prejudice to the generality of subsection (2) of this section, a reference
in the Principal Act to that Act shall, save where the context otherwise requires,
be construed as including a reference to this Act.
Editorial Notes
E1
Provision for enforcement of Act, referred to as food legislation, made (22.03.2010)
by
European Communities (Official Control of Foodstuffs) Regulations 2010
(S.I. No. 117 of 2010).
E2
HSE may require declaration in relation to eligibility for services under collectively
cited
Health Acts
as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 48, S.I. No. 90 of 1971.
E3
Person recorded as entitled to services under collectively cited
Health Acts
required to notify HSE of change of circumstances as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 49, S.I. No. 90 of 1971.
E4
Person not entitled to services under collectively cited
Health Acts
may be subject to charge as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 50, S.I. No. 90 of 1971.
E5
Charges under collectively cited
Health Acts
may be recovered as simple contract debts as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 74, S.I. No. 90 of 1971 and by s. 74A as inserted (24.07.2013) by
Health (Amendment) Act 2013
(31/2013), s. 14, commenced on enactment.
E6
Person giving false information in relation to obtaining services under collectively
cited
Health Acts
commits an offence as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 75, S.I. No. 90 of 1971.
E7
Previous affecting provision: application of collectively cited
Health Acts
restricted (1.01.2007) by
European Communities (Free Movement of Persons) (No. 2) Regulations 2006
(S.I. No. 656 of 2006), regs. 18(2), (4), in effect as per reg. 2; revoked (1.02.2016)
by
European Communities (Free Movement of Persons) Regulations 2015
(S.I. No. 548 of 2015), reg. 32, in effect as per reg. 1(2).
E8
Previous affecting provision: application of collectively cited
Health Acts
restricted (28.04.2006) by
European Communities (Free Movement of Persons) Regulations 2006
(S.I. No. 226 of 2006), regs. 18(2), (4); revoked (1.01.2007) by
European Communities (Free Movement of Persons) (No. 2) Regulations 2006
(S.I. No. 656 of 2006), reg. 27, in effect as per reg. 2.
E9
Previous affecting provision: Irish Medicines Board appointed as competent authority
for purposes of Council Directive No. 65/65/EEC of 26 January, 1965, (Official Journal
No. 22 of 9 February 1965), as amended, and for the purposes of any regulations under
Act giving effect to the Directive as amended (6.05.1998) by
Irish Medicines Board (Competent Authority) Order 1998
(S.I. No. 143 of 1998); Council Directive no longer in force.
E10
Previous affecting provision: Irish Medicines Board granted functions in relation
to certain regulations made under Act (19.02.1996) by
Irish Medicines Board Act 1995
(29/1995), s. 4(1)(b), S.I. No. 40 of 1996; para. (b) substituted (22.07.2007) by
Irish Medicines Board (Miscellaneous Provisions) Act 2006
(3/2006), s. 11(a)(ii), S.I. No. 543 of 2007.
E11
Previous affecting provision: application of collectively cited
Health Acts
extended (1.12.1992) by
Child Care Act 1991
(17/1991) s. 3(4), S.I. No. 349 of 1992; subs. (4) deleted (30.09.2011) by
Child Care (Amendment) Act 2011
(10/2011), s. 4, S.I. No. 497 of 2011.
E12
Previous affecting provision: functions transferred (1.04.1971) by
Health Act 1970
(1/1970), s. 6, S.I. No. 90 of 1971); section repealed (1.01.2005) by
Health Act 2004
(42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
E13
Previous affecting provision: Minister to decide on which health board responsible
for services under collectively cited
Health Acts
as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 73, S.I. No. 90 of 1971; section repealed (1.01.2005) by
Health Act 2004
(42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004, subject to transitional provisions
in s. 74 and sch. 5.
E14
Previous affecting provision: application of Act extended (1.04.1966) by
Health (Homes For Incapacitated Persons) Act 1964
(8/1964), s. 1(3), S.I. No. 43 of 1966; repealed (1.09.1993) by
Health (Nursing Homes) Act 1990
(23/1990), s. 15(1), S.I. No. 222 of 1993), subject to transitional provision in
subs. (2).
E15
Previous affecting provision: functions in relation to collectively cited
Health Acts
transferred (1.07.1960) by
Health Authorities Act 1960
(9/1960), s. 7(1)(a), S.I. No. 134 of 1960; repealed (1.04.1971) by
Health Act 1970
(1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
E16
Previous affecting provision: expression chief medical officer in Act extended (1.09.1960)
by
Health Authorities Act 1960
(9/1960), s. 19(4), S.I. No. 190 of 1960; repealed (1.04.1971) by
Health Act 1970
(1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
E17
Previous affecting provision: power pursuant to collectively cited
Health Acts
exercised (1.08.1954) by
General Institutional and Specialist Services (Temporary) Regulations 1954
(S.I. No. 157 of 1954), in effect as per reg. 2; revoked (31.03.1956) by
General Institutional and Specialist Services (Amendment) Regulations 1956
(S.I. No. 43 of 1956), reg. 4, in effect as per reg. 2.
E18
Previous affecting provision: power pursuant to collectively cited
Health Acts
exercised (1.08.1954) by
General Medical Services Regulations 1954
(S.I. No. 102 of 1954), in effect as per reg. 3; revoked (1.04.1972) by
Health Services Regulations 1972
(S.I. No. 88 of 1972), reg. 4 and sch., in effect as per reg. 2.
Annotations
Modifications (not altering text)
C1
Offences under Act, referred to as "food legislation", provided
(22.03.2010) by
European Communities (Official Control of Foodstuffs)
Regulations 2010
(S.I. No. 117 of 2010), regs. 23, 24.
23. (1) A person is guilty of an offence if he or she forges, or utters knowing it
to be forged, a certificate of analysis or other document purporting to be issued,
granted or given under these Regulations or food legislation or required for the purposes
of these Regulations or food legislation (hereafter referred to as “a forged document”).
(2) A person is guilty of an offence if he or she alters with intent to defraud or
deceive, or utters knowing it to be so altered, a certificate of analysis or other
document issued, granted or given under these Regulations or food legislation, or
required for the purposes of these Regulations or food legislation (hereafter referred
to as “an altered document”).
(3) A person is guilty of an offence if he or she, without lawful authority, has in
his or her possession a forged document or an altered document, knowing it to be a
forged or altered document as the case may be.
(4) A person is guilty of an offence if he or she with the intent to defraud or deceive
(
a
) tampers with
any substance or thing with the result that a sample taken pursuant to these
Regulations or food legislation does not correctly represent the substance
sampled, or
(
b
) tampers or
interferes with any sample taken under these Regulations or food legislation.
(5) A person is guilty of an offence if he or she falsely represents himself or herself
to be an authorised officer.
24. (1) For the purposes of these Regulations, every contravention of a provision
of these Regulations shall be deemed a separate contravention and every contravention
of a paragraph or a subparagraph of such provision shall also be deemed to be a separate
contravention and shall carry the same penalty as for a single contravention of any
such provision.
(2) A person who is guilty of an offence under these Regulations is liable
(
a
) on summary
conviction to a fine not exceeding €5,000 or at the discretion of the Court
to imprisonment for a term not exceeding 3 months, or both, or,
(
b
) on conviction
on indictment, to a fine not exceeding €500,000, or imprisonment for a term
not exceeding 3 years, or both.
(3) Where a person is convicted of an offence under these Regulations, the court shall,
unless it is satisfied that there are special and substantial reasons for not so doing,
order the person to pay to the Authority or the official agency, as the case may be,
the costs and expenses, measured by the court, incurred by the Authority or official
agency in relation to the investigation, detection and prosecution of the offence,
including costs and expenses incurred in the taking of samples, the carrying out of
tests, examinations and analyses and in respect of the remuneration and other expenses
of employees, consultants and advisors engaged by the Authority or official agency.
(4) An order for costs and expenses under subsection (3) is in addition to, and not
instead of, any fine or penalty the court may impose under subsection (2).
C2
Term “sanitary authority” construed in relation to water services (31.12.2007) by
Water Services Act 2007
(30/2007), s. 39 and (1.01.2014) by
Water Services (No. 2) Act 2013
(50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.
— All functions assigned to sanitary authorities under any other enactment shall, in
so far as they relate to the carrying out by a water services authority of functions
in relation to the provision of water services, be deemed to be functions of a water
services authority, and all references to a sanitary authority in those acts and related
enactments are to be construed accordingly.
...
Transfer of functions from water service authorities to Irish Water
7.
...
(3) All functions of sanitary authorities deemed to be functions of a water services
authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred
to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment
shall, on and after the transfer day, in so far as they relate to any function transferred
by subsection (3), be construed as references to Irish Water.
C3
Functions under Act, referred to as an existing enactment, transferred to
Consumer Protection Agency
(1.05.2007, establishment day) by
Consumer Protection Act 2007
(19/2007), s. 37, S.I. No. 179 of 2007.
Transfer of functions to Agency.
37.
—(1) The administration and business in connection with the exercise, performance or
execution of any of the functions transferred by subsection (2) are transferred to
the Agency on the establishment day.
(2) The functions vested in the Director by or under the existing enactments are transferred
to the Agency on the establishment day.
(3) References to the Director and the office of the Director contained in any Act
(within the meaning of the Interpretation Act 2005 ) or instrument (including a licence
or certificate granted, nomination made or consent or authorisation given thereunder)
relating to any functions transferred by subsection (2) shall, on and after the establishment
day, be read as references to the Agency.
(4) Anything commenced before the establishment day by or under the authority of the
Director may, in so far as it relates to functions transferred by subsection (2) to
the Agency, be carried on or completed on or after that day by the Agency.
...
C4
Functions transferred (1.01.2005, establishment day) by
Health Act 2004
(42/2004), s. 59, S.I. No. 885 of 2004, subject to transitional provisions in s.
74 and sch. 5.
Transfer of functions of specified bodies to Executive.
59.
—(1) The functions that, immediately before the establishment day, were the functions
of a specified body under or in connection with the enactments referred to in Schedule
3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an
instrument made under such enactment, does not come into effect until on or after
the establishment day, a function that on the passing of that enactment or the making
of that instrument was assigned under or in connection with that provision to a specified
body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified
in any enactment referred to in Schedule 3 as a function of the following
(
a
) the chief
executive officer of a health board;
(
b
) the Regional
Chief Executive of the Eastern Regional Health Authority;
(
c
) the area chief
executive of an Area Health Board.
(4) This section does not apply in relation to the functions of the Hospital Bodies
Administrative Bureau.
...
SCHEDULE
Transfer of Functions and References to Functional Areas
Section 59 and 67.
1. Health Acts 1947 to 2001
...
C5
Application of collectively cited
Health Acts
restricted (7.05.1986) by
Health (Amendment) Act 1986
(10/1986), s. 2(1), commenced on enactment.
Charges by health boards for provision of in-patient services and out-patient services
in respect of certain injuries caused by mechanically propelled vehicles.
2.
—(1) Where—
(
a
) injury is
caused to a person by the negligent use of a mechanically propelled vehicle in a
public place, and
(
b
) in-patient
services or out-patient services have been, are being or will be provided by or on
behalf of a health board in respect of the injury, and
(
c
) any one of the
following, that is to say, the person aforesaid, his personal representative or
dependant, has received, or is entitled to receive damages or compensation in
respect of the negligent use aforesaid from the person liable to pay such damages
or compensation in respect of that injury, or any loss, damage or expense (or
mental distress in the case of a dependant) arising therefrom,
the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985,
make a charge upon the person who received or is entitled to receive such damages
or compensation in respect of the said in-patient services or out-patient services.
(2) (
a
) A health
board may waive the whole or part of a charge under
subsection (1)
of this
section if it considers it proper to do so—
(i) having had regard to the amount of damages or compensation, and interest (if any)
thereon, received by the person liable to pay the charge in respect of the injury
to which the charge relates, and
(ii) in a case where there was contributory negligence on the part of the person to
whose injury the charge relates or of one for whose acts he is responsible, having
had regard to any reduction in the amount which would have been received but for the
contributory negligence.
(
b
) In proceedings
brought by a person to whom injury is caused by the negligent use of a
mechanically propelled vehicle in a public place, or by the personal
representative or dependant, of such a person in respect of such negligent use as
aforesaid, claiming damages in respect of that injury, or any loss, damage or
expense (or mental distress in the case of a dependant) arising therefrom,
paragraph (a)
of this subsection shall be disregarded.
C6
Application of Act extended (1.01.1954) by
Health Act 1953
(26/1953), s. 3(3), S.I. No. 377 of 1953.
Principal Act and construction of that Act and this Act.
3.
—(1) In this Act “the Principal Act” means the Health Act, 1947 (No. 28 of 1947).
(2) The Principal Act and this Act shall be construed together as one Act.
(3) Without prejudice to the generality of subsection (2) of this section, a reference
in the Principal Act to that Act shall, save where the context otherwise requires,
be construed as including a reference to this Act.
Editorial Notes
E1
Provision for enforcement of Act, referred to as food legislation, made (22.03.2010)
by
European Communities (Official Control of Foodstuffs) Regulations 2010
(S.I. No. 117 of 2010).
E2
HSE may require declaration in relation to eligibility for services under collectively
cited
Health Acts
as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 48, S.I. No. 90 of 1971.
E3
Person recorded as entitled to services under collectively cited
Health Acts
required to notify HSE of change of circumstances as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 49, S.I. No. 90 of 1971.
E4
Person not entitled to services under collectively cited
Health Acts
may be subject to charge as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 50, S.I. No. 90 of 1971.
E5
Charges under collectively cited
Health Acts
may be recovered as simple contract debts as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 74, S.I. No. 90 of 1971 and by s. 74A as inserted (24.07.2013) by
Health (Amendment) Act 2013
(31/2013), s. 14, commenced on enactment.
E6
Person giving false information in relation to obtaining services under collectively
cited
Health Acts
commits an offence as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 75, S.I. No. 90 of 1971.
E7
Previous affecting provision: application of collectively cited
Health Acts
restricted (1.01.2007) by
European Communities (Free Movement of Persons) (No. 2) Regulations 2006
(S.I. No. 656 of 2006), regs. 18(2), (4), in effect as per reg. 2; revoked (1.02.2016)
by
European Communities (Free Movement of Persons) Regulations 2015
(S.I. No. 548 of 2015), reg. 32, in effect as per reg. 1(2).
E8
Previous affecting provision: application of collectively cited
Health Acts
restricted (28.04.2006) by
European Communities (Free Movement of Persons) Regulations 2006
(S.I. No. 226 of 2006), regs. 18(2), (4); revoked (1.01.2007) by
European Communities (Free Movement of Persons) (No. 2) Regulations 2006
(S.I. No. 656 of 2006), reg. 27, in effect as per reg. 2.
E9
Previous affecting provision: Irish Medicines Board appointed as competent authority
for purposes of Council Directive No. 65/65/EEC of 26 January, 1965, (Official Journal
No. 22 of 9 February 1965), as amended, and for the purposes of any regulations under
Act giving effect to the Directive as amended (6.05.1998) by
Irish Medicines Board (Competent Authority) Order 1998
(S.I. No. 143 of 1998); Council Directive no longer in force.
E10
Previous affecting provision: Irish Medicines Board granted functions in relation
to certain regulations made under Act (19.02.1996) by
Irish Medicines Board Act 1995
(29/1995), s. 4(1)(b), S.I. No. 40 of 1996; para. (b) substituted (22.07.2007) by
Irish Medicines Board (Miscellaneous Provisions) Act 2006
(3/2006), s. 11(a)(ii), S.I. No. 543 of 2007.
E11
Previous affecting provision: application of collectively cited
Health Acts
extended (1.12.1992) by
Child Care Act 1991
(17/1991) s. 3(4), S.I. No. 349 of 1992; subs. (4) deleted (30.09.2011) by
Child Care (Amendment) Act 2011
(10/2011), s. 4, S.I. No. 497 of 2011.
E12
Previous affecting provision: functions transferred (1.04.1971) by
Health Act 1970
(1/1970), s. 6, S.I. No. 90 of 1971); section repealed (1.01.2005) by
Health Act 2004
(42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
E13
Previous affecting provision: Minister to decide on which health board responsible
for services under collectively cited
Health Acts
as provided (1.04.1971) by
Health Act 1970
(1/1970), s. 73, S.I. No. 90 of 1971; section repealed (1.01.2005) by
Health Act 2004
(42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004, subject to transitional provisions
in s. 74 and sch. 5.
E14
Previous affecting provision: application of Act extended (1.04.1966) by
Health (Homes For Incapacitated Persons) Act 1964
(8/1964), s. 1(3), S.I. No. 43 of 1966; repealed (1.09.1993) by
Health (Nursing Homes) Act 1990
(23/1990), s. 15(1), S.I. No. 222 of 1993), subject to transitional provision in
subs. (2).
E15
Previous affecting provision: functions in relation to collectively cited
Health Acts
transferred (1.07.1960) by
Health Authorities Act 1960
(9/1960), s. 7(1)(a), S.I. No. 134 of 1960; repealed (1.04.1971) by
Health Act 1970
(1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
E16
Previous affecting provision: expression chief medical officer in Act extended (1.09.1960)
by
Health Authorities Act 1960
(9/1960), s. 19(4), S.I. No. 190 of 1960; repealed (1.04.1971) by
Health Act 1970
(1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
E17
Previous affecting provision: power pursuant to collectively cited
Health Acts
exercised (1.08.1954) by
General Institutional and Specialist Services (Temporary) Regulations 1954
(S.I. No. 157 of 1954), in effect as per reg. 2; revoked (31.03.1956) by
General Institutional and Specialist Services (Amendment) Regulations 1956
(S.I. No. 43 of 1956), reg. 4, in effect as per reg. 2.
E18
Previous affecting provision: power pursuant to collectively cited
Health Acts
exercised (1.08.1954) by
General Medical Services Regulations 1954
(S.I. No. 102 of 1954), in effect as per reg. 3; revoked (1.04.1972) by
Health Services Regulations 1972
(S.I. No. 88 of 1972), reg. 4 and sch., in effect as per reg. 2.
PART I.
Preliminary and General.
Section
1.
Short title.
2.
Definitions.
3.
Commencement.
4.
Repeals.
5.
Regulations.
6.
Continuation of existing regulations.
7.
Revocation or amendment of order made by the Minister under this Act.
8.
Collection and disposal of moneys payable to the Minister.
9.
Expenses of the Minister.
9A.
Liability for offences by
bodies corporate.
9B.
Exercise of jurisdiction by
District Court and Circuit Court under sections 31AB to 31AK.
9C.
Service of
documents.
PART II.
Institutions.
10.
Provision and maintenance of health institutions.
(Repealed)
11.
Discontinuance of health institution.
(Repealed)
12.
Agreement for use of institution.
(Repealed)
13.
Joint user of certain institutions by health authority and public assistance authority.
(Repealed)
14.
Transfer of district institution.
(Repealed)
15.
Transfer of institution maintained by sanitary authority.
(Repealed)
16.
Transfer of the Hospital of Saint Margaret of Cortona to the Dublin Corporation.
(Repealed)
17.
Charges for institutional services.
(Repealed)
18.
Management of health institutions.
(Repealed)
19.
Amendment of sub-section (2) of section 6 of Tuberculosis (Establishment of Sanatoria)
Act, 1945.
(Repealed)
20.
Power to provide land for an institution.
(Repealed)
PART III.
Mother and Child Service.
21.
Safeguarding of health of women as respects motherhood.
(Repealed)
22.
Attendance to health of children not pupils of schools.
(Repealed)
23.
Attendance to health of pupils of schools.
(Repealed)
24.
Notice of medical inspection of children.
(Repealed)
25.
Obligation to submit children to medical inspection.
(Repealed)
26.
Affording of facilities for medical inspection of children at schools.
(Repealed)
27.
Grant for mother and child service.
28.
Regulations as to exercise by health authorities of their powers under Part III.
(Repealed)
PART IV.
Infectious Disease and Infestation.
Chapter I.
Infectious Disease
.
29.
Infectious diseases.
30.
General duty to take precautions against infecting others with infectious disease.
31.
Regulations for preventing the spread of infectious disease.
31A.
Regulations for preventing, limiting, minimising or slowing spread of Covid-19.
31AA.
Confirmation of certain provision of regulation under section 31A(1) as fixed penalty
provision.
31AB.
Disapplication
of certain provisions in respect of certain premises so as to enable
those premises to grant access to members of the public under certain
conditions.
31AC.
Matters
relating to documents provided for purposes of section 31AB.
31AD.
Compliance
officers.
31AE.
Entry,
inspection, etc., of relevant indoor premises.
31AF.
Application
for emergency cessation order.
31AG.
Compliance
notice.
31AH.
Application
for cessation order.
31AI.
Applicable
provisions in relation to certain orders.
31AJ.
Appeal against
compliance notice.
31AK.
Appeal against
order.
31AL.
Data
Protection.
31B.
Affected areas orders.
31C.
Fixed payment notice in respect of certain alleged offences.
31D.
Power of member of Garda Síochána to give direction.
32.
Exemption from requirement to submit to measures in relation to protection or immunisation
against infectious disease.
33.
Selling or letting dwelling after infection.
34.
Cesser of occupation of dwelling after infection.
35.
Question as to infection in dwelling.
36.
Giving of lodging after infection.
37.
Procedure on giving of infected premises notice to the district medical officer.
38.
Detention and isolation of person who is probable source of infection.
38A.
Detention and isolation of persons in certain circumstances.
38B.
Obligation on certain persons
coming into State to quarantine in designated facilities in certain
circumstances.
(Ceased)
38C.
Return of applicable traveller
to designated facility.
(Ceased)
38D.
Offences related to quarantine
and power to give direction.
(Ceased)
38E.
Designated state.
(Ceased)
38F.
Designated facilities.
(Ceased)
38G.
Regulations for giving further
effect to certain matters relating to the requirement to
quarantine.
(Ceased)
38H.
Service agreements for
conveying and returning persons to designated facilities.
(Ceased)
38I.
Service agreements for
accommodation and maintenance for purposes of quarantine.
(Ceased)
38J.
Requirements in relation to
maintaining records for the purposes of section 38B.
(Ceased)
38K.
Data Protection.
(Ceased)
38L.
Arrangements with other
Ministers of Government to carry out certain functions under Act.
(Ceased)
38M.
Obligations on travel
organisers.
(Ceased)
38N.
Obligation on certain persons
coming into State to quarantine in designated facilities in certain
circumstances.
38O.
Return of applicable traveller
to designated facility.
38P.
Offences related to quarantine
and power to give direction.
38Q.
Designated state.
38R.
Designated
facilities.
38S.
Regulations for giving further
effect to certain matters relating to requirement to
quarantine.
38T.
Service agreements for
conveying and returning persons to designated facilities.
38U.
Service agreements for
accommodation and maintenance for purposes of quarantine.
38V.
Requirements in relation to
maintaining records for the purposes of section 38N.
38W.
Data Protection.
38X.
Arrangements with other
Ministers of Government to carry out certain functions under
Act.
38Y.
Obligations on travel
organisers.
38Z.
Authorisations and permissions
for purposes of section 38N.
39.
Burial by health authority of body of person dying from infectious disease.
40.
Accommodation for persons compelled to leave their homes.
41.
Rehabilitation of persons suffering or recovering from infectious disease.
42.
Nurses for infectious diseases.
43.
Presumption in civil action as to cause of infection.
44.
Maintenance of person suffering from infectious disease, etc.
(Repealed)
45.
Treatment of infectious diseases in particular institutions.
Chapter II.
Verminous persons and articles
.
46.
Precautions to be taken by verminous persons.
47.
Precautions to be taken in relation to verminous articles.
48.
Prohibition of verminous child attending school.
49.
Regulations for preventing the spread of infestation.
50.
Arrangements by health authorities for disinfestation of verminous persons, buildings,
etc.
Chapter III.
Ancillary Provisions
.
51.
Facilities for exercise of powers and duties of health authorities under Part IV.
52.
Prosecution of offences under Part IV.
PART V.
Food and Drink.
53.
Definition for Part V.
54.
Regulations for prevention of danger from food and drink.
55.
Licensing and registration of persons and premises.
(Repealed)
56.
Standards for food and drink.
57.
Examination of samples of food and drink.
58.
Giving and taking of samples, etc.
59.
Enforcement of regulations under Part V, etc.
60.
Charges under regulations under Part V.
61.
Obstruction of execution of regulations under Part V.
62.
Restrictions on sale, etc., of food by dealers in rags, etc.
63.
Prosecutions for offences under Part V.
64.
Food kept in certain establishments.
PART VI.
Provisions in Relation to Medical and Toilet Preparations and Certain Other Articles.
65.
Control of advertisement or sale of medical and toilet preparations.
(Repealed)
66.
Restriction on importation, manufacture or sale of certain articles.
67.
Regulations as to flock.
(Repealed)
PART VII.
Officers of Health Authorities.
68.
Definitions for Part VII.
(Repealed)
69.
County medical officers.
(Repealed)
70.
Assistant county medical officers.
(Repealed)
71.
City medical officers.
(Repealed)
72.
Assistant city medical officers.
(Repealed)
73.
District medical officers of health.
(Repealed)
74.
Bacteriologists.
(Repealed)
75.
Health inspectors.
(Repealed)
76.
Provisions relating to holders of certain offices under sanitary authorities.
(Repealed)
PART VIII.
Acquisition and Disposal of Land by Health Authorities.
77.
Definitions for purposes of Part VIII.
78.
Powers of health authority to acquire land.
79.
Incorporation of Lands Clauses Acts.
80.
Power of health authority to inspect land.
81.
Making of compulsory acquisition order.
82.
Notices, etc., of making of compulsory acquisition order.
83.
Confirmation of compulsory acquisition order.
84.
Notices, etc., of confirmation of compulsory acquisition order.
85.
Annulment of compulsory acquisition order by the High Court.
86.
Commencement of compulsory acquisition order.
87.
Annuity or other payment to Irish Land Commission or Commissioners of Public Works
in Ireland.
88.
Appropriation of surplus land to other purposes.
89.
Disposal of surplus land.
90.
Giving of notices under Part VIII.
PART IX.
Enforcement of the Act.
91.
Authorised officers.
92.
Limitations on exercise of powers of authorised officers.
93.
Requirement to state name and address.
94.
Entry on premises.
95.
Assistance from member of Garda Síochána.
96.
Enforcement by Garda Síochána.
97.
Onus of proof.
PART X.
Miscellaneous Provisions.
98.
Consultative Councils.
99.
Dissemination of information and advice on health.
(Repealed)
100.
Tests of the quality and nature of substances.
101.
Joint action by health authorities.
(Repealed)
102.
Home nursing.
(Repealed)
103.
Borrowing by health authority.
(Repealed)
104.
Provision of ambulances.
(Repealed)
105.
Provision of residences for officers and servants.
106.
Amendment of Rats and Mice (Destruction) Act, 1919.
107.
Dissolution of Port Sanitary Authorities.
108.
Compensation for damage to person or property.
109.
Adaptation of enactments.
FIRST SCHEDULE.
SECOND SCHEDULE.
Number
28
of
1947.