(LRC Revised)
Statutory Text (1 Articles)
Number 26 of 1953
HEALTH ACT 1953
REVISED
Updated to 3 February 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 1953
. 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
Credit Review Act 2026
(1/2026), enacted 3 February 2026, and all statutory instruments
up to and including the
Gambling Regulation Act 2024 (Commencement) Order 2026
(S.I. No. 31 of 2026), made 3 February 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
26
of
1953.
HEALTH ACT 1953
REVISED
Updated to
3 February 2026
ARRANGEMENT OF SECTIONS
Part
I
PRELIMINARY AND GENERAL
Section
1.
Short title and collective citation.
2.
Commencement.
3.
Principal Act and construction of that Act and this Act.
4.
General saver.
5.
Repeals.
Part
II
INSTITUTIONS
6.
Extension of meaning of
“
institution
”.
(Repealed)
7.
District institutions and
dispensaries.
(Repealed)
8.
Conduct and management of
health institution.
(Repealed)
9.
Direction with respect to
institutional services.
(Repealed)
10.
Extern institutions.
(Repealed)
11.
Transfer of officers on
discontinuation of health institution.
(Repealed)
12.
Religious Services.
(Repealed)
13.
Exemption from local
inquiry.
(Repealed)
Part
III
HEALTH SERVICES
14.
General medical
services.
(Repealed)
15.
Institutional and specialist services.
16.
Medical care for
mothers.
(Repealed)
17.
Infant welfare
services.
(Repealed)
18.
Child welfare services.
(Repealed)
19.
School health examination and
treatment service.
(Repealed)
20.
Dental, ophthalmic and aural
services, for children.
(Repealed)
21.
Dental, ophthalmic and aural
services, for middle income group.
(Repealed)
22.
Regulations in relation to
services.
(Repealed)
23.
Maternity cash grants.
(Repealed)
24.
Milk for mothers and
children.
(Repealed)
25.
Institutional services at
choice of patient, etc.
(Repealed)
26.
Institutional services for
persons not entitled to services under section 15.
(Repealed)
27.
Declaration as to
means.
(Repealed)
28.
Notification of change of
circumstances.
(Repealed)
29.
Determination of doubt as to
responsible health authority.
(Repealed)
30.
Charge where person not
entitled obtains service.
(Repealed)
31.
Recovery of charges.
(Repealed)
32.
Affording of facilities for
health examination of children at schools.
(Repealed)
33.
False statements, etc.
(Repealed)
Part
IV
MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT
34.
Amendment of section 31 of Principal Act.
35.
Amendment of section 38 of Principal Act.
36.
Amendment of section 44 of Principal Act.
37.
Amendment of section 48 of Principal Act.
38.
Regulations under Part V of Principal Act.
39.
Amendment of section 65 of Principal Act.
40.
Amendment of section 66 of Principal Act.
41.
Amendment of section 98 of Principal Act.
42.
Amendment of section 103 of
Principal Act.
(Repealed)
43.
Amendment of section 104 of Principal Act.
44.
Prosecution of certain offences.
Part
V
MISCELLANEOUS
45.
Joint action by health
authorities.
(Repealed)
46.
Balrothery and Rathdown Boards
of Assistance.
(Repealed)
47.
Arrangements between health
authorities and other authorities.
(Repealed)
48.
Consultative health
committees.
(Repealed)
49.
Agreement for provision of
service.
(Repealed)
50.
Rehabilitation and maintenance
of disabled persons.
(Repealed)
51.
Dispensary districts.
(Repealed)
52.
District medical
officers.
(Repealed)
53.
Holders of certain offices
under public assistance authorities.
(Repealed)
54.
Shelter and maintenance in county home.
55.
Boarding out, etc., of
children.
(Repealed)
56.
Removal of child boarded out,
etc.
(Repealed)
57.
Local authority for purposes
of Part I of Children Act, 1908.
(Repealed)
58.
Regulations as to filling materials.
59.
Control of use, etc., of radio-active substances and irradiating apparatus.
60.
Prohibition or control of use of certain verminicides.
61.
Control of use of fumigants.
62.
Facilities for teaching of clinical medicine or conduct of medical research.
63.
Courses of instruction for medical officers.
64.
Schools for training of nurses.
65.
Assistance for certain
bodies.
(Repealed)
66.
Dispensary residences under Public Assistance Act, 1939.
67.
Apportionment of expenditure on central health service.
68.
Inspection of provisions and water for crew of Irish ships.
69.
Restriction of application of Public Assistance Act, 1939.
70.
Amendment of Tuberculosis (Establishment of Sanatoria) Act, 1945.
71.
Amendment of Mental Treatment
Act, 1945.
(Repealed)
72.
Amendment of Health Services
(Financial Provisions) Act, 1947.
SCHEDULE
Enactments Repealed
Acts Referred to
Health Act, 1947
No. 28 of 1947
Public Assistance Act, 1939
No. 27 of 1939
Social Welfare Act, 1952
No. 11 of 1952
Illegitimate Children (Affiliation Orders) Act, 1930
No. 17 of 1930
Health Services (Financial Provisions) Act, 1947
No. 47 of 1947
Local Government Act, 1941
No. 23 of 1941
Adoption Act, 1952
No. 25 of 1952
Medical Practitioners Act, 1927
No. 25 of 1927
Local Authorities (Officers and Employees) Act, 1926
No. 39 of 1926
Mental Treatment Act, 1945
No. 19 of 1945
Merchant Shipping Act, 1947
No. 46 of 1947
Tuberculosis (Establishment of Sanatoria) Act, 1945
No. 4 of 1945
Number
26
of
1953
HEALTH ACT 1953
REVISED
Updated to 3 February 2026
AN ACT TO AMEND AND EXTEND THE
HEALTH ACT, 1947
, AND CERTAIN OTHER ENACTMENTS. [29
th October
, 1953.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering
text)
C1
Functions transferred to
the Health Service Executive (1.01.2005) by
Health Act 2004
(42/2004), s.
59 and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74
and sch 5.
2.—(1) In this Act, unless the
context otherwise requires—
...
"Executive" means the Health
Service Executive established under section 6;
...
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) ...
(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 3
Transfer of Functions and References to Functional
Areas
1. Health Acts 1947 to 2001
...
Editorial Notes
E1
Power pursuant to collectively cited
Health Acts
exercised
(1.08.1954) by
Institutional Assistance Regulations 1954
(S.I. No. 103 of
1954), in operation as per reg. 3.
E2
Power pursuant to collectively cited
Health Acts
exercised
(1.08.1954) by
General Institutional and Specialist Services Regulations
1954
(S.I. No. 100 of 1954), in operation as per reg. 3.
E3
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 operation as per reg. 3;
revoked (1.04.1972) by
Health Services Regulations 1972
(S.I. No. 88 of
1972), reg. 4 and sch., in operation as per reg. 3.
E4
Previous affecting provision: power pursuant to collectively
cited
Health Acts
exercised (1.08.1954) by
Maternity and Child Health
Services Regulations 1954
(S.I. No. 98 of 1954), in operation as per reg.
3; revoked (1.04.1971) by
Health Services Regulations 1971
(S.I. No. 105 of
1971), reg. 4 and sch., in operation as per reg. 3.
E5
Previous affecting provision: power pursuant to collectively
cited
Health Acts
exercised (1.08.1954) by
Maternity and Child Health
Services (Amendment) Regulations 1954
(S.I. No. 158 of 1954), in operation
as per reg. 2; revoked (1.07.1964) by
Maternity and Child Health Services
(Amendment) Regulations 1964
(S.I. No. 158 of 1964), reg. 4, in operation
as per reg. 3.
Annotations
Modifications (not altering
text)
C1
Functions transferred to
the Health Service Executive (1.01.2005) by
Health Act 2004
(42/2004), s.
59 and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74
and sch 5.
2.—(1) In this Act, unless the
context otherwise requires—
...
"Executive" means the Health
Service Executive established under section 6;
...
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) ...
(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 3
Transfer of Functions and References to Functional
Areas
1. Health Acts 1947 to 2001
...
Editorial Notes
E1
Power pursuant to collectively cited
Health Acts
exercised
(1.08.1954) by
Institutional Assistance Regulations 1954
(S.I. No. 103 of
1954), in operation as per reg. 3.
E2
Power pursuant to collectively cited
Health Acts
exercised
(1.08.1954) by
General Institutional and Specialist Services Regulations
1954
(S.I. No. 100 of 1954), in operation as per reg. 3.
E3
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 operation as per reg. 3;
revoked (1.04.1972) by
Health Services Regulations 1972
(S.I. No. 88 of
1972), reg. 4 and sch., in operation as per reg. 3.
E4
Previous affecting provision: power pursuant to collectively
cited
Health Acts
exercised (1.08.1954) by
Maternity and Child Health
Services Regulations 1954
(S.I. No. 98 of 1954), in operation as per reg.
3; revoked (1.04.1971) by
Health Services Regulations 1971
(S.I. No. 105 of
1971), reg. 4 and sch., in operation as per reg. 3.
E5
Previous affecting provision: power pursuant to collectively
cited
Health Acts
exercised (1.08.1954) by
Maternity and Child Health
Services (Amendment) Regulations 1954
(S.I. No. 158 of 1954), in operation
as per reg. 2; revoked (1.07.1964) by
Maternity and Child Health Services
(Amendment) Regulations 1964
(S.I. No. 158 of 1964), reg. 4, in operation
as per reg. 3.
Part
I
PRELIMINARY AND GENERAL
Section
1.
Short title and collective citation.
2.
Commencement.
3.
Principal Act and construction of that Act and this Act.
4.
General saver.
5.
Repeals.
Part
II
INSTITUTIONS
6.
Extension of meaning of
“
institution
”.
(Repealed)
7.
District institutions and
dispensaries.
(Repealed)
8.
Conduct and management of
health institution.
(Repealed)
9.
Direction with respect to
institutional services.
(Repealed)
10.
Extern institutions.
(Repealed)
11.
Transfer of officers on
discontinuation of health institution.
(Repealed)
12.
Religious Services.
(Repealed)
13.
Exemption from local
inquiry.
(Repealed)
Part
III
HEALTH SERVICES
14.
General medical
services.
(Repealed)
15.
Institutional and specialist services.
16.
Medical care for
mothers.
(Repealed)
17.
Infant welfare
services.
(Repealed)
18.
Child welfare services.
(Repealed)
19.
School health examination and
treatment service.
(Repealed)
20.
Dental, ophthalmic and aural
services, for children.
(Repealed)
21.
Dental, ophthalmic and aural
services, for middle income group.
(Repealed)
22.
Regulations in relation to
services.
(Repealed)
23.
Maternity cash grants.
(Repealed)
24.
Milk for mothers and
children.
(Repealed)
25.
Institutional services at
choice of patient, etc.
(Repealed)
26.
Institutional services for
persons not entitled to services under section 15.
(Repealed)
27.
Declaration as to
means.
(Repealed)
28.
Notification of change of
circumstances.
(Repealed)
29.
Determination of doubt as to
responsible health authority.
(Repealed)
30.
Charge where person not
entitled obtains service.
(Repealed)
31.
Recovery of charges.
(Repealed)
32.
Affording of facilities for
health examination of children at schools.
(Repealed)
33.
False statements, etc.
(Repealed)
Part
IV
MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT
34.
Amendment of section 31 of Principal Act.
35.
Amendment of section 38 of Principal Act.
36.
Amendment of section 44 of Principal Act.
37.
Amendment of section 48 of Principal Act.
38.
Regulations under Part V of Principal Act.
39.
Amendment of section 65 of Principal Act.
40.
Amendment of section 66 of Principal Act.
41.
Amendment of section 98 of Principal Act.
42.
Amendment of section 103 of
Principal Act.
(Repealed)
43.
Amendment of section 104 of Principal Act.
44.
Prosecution of certain offences.
Part
V
MISCELLANEOUS
45.
Joint action by health
authorities.
(Repealed)
46.
Balrothery and Rathdown Boards
of Assistance.
(Repealed)
47.
Arrangements between health
authorities and other authorities.
(Repealed)
48.
Consultative health
committees.
(Repealed)
49.
Agreement for provision of
service.
(Repealed)
50.
Rehabilitation and maintenance
of disabled persons.
(Repealed)
51.
Dispensary districts.
(Repealed)
52.
District medical
officers.
(Repealed)
53.
Holders of certain offices
under public assistance authorities.
(Repealed)
54.
Shelter and maintenance in county home.
55.
Boarding out, etc., of
children.
(Repealed)
56.
Removal of child boarded out,
etc.
(Repealed)
57.
Local authority for purposes
of Part I of Children Act, 1908.
(Repealed)
58.
Regulations as to filling materials.
59.
Control of use, etc., of radio-active substances and irradiating apparatus.
60.
Prohibition or control of use of certain verminicides.
61.
Control of use of fumigants.
62.
Facilities for teaching of clinical medicine or conduct of medical research.
63.
Courses of instruction for medical officers.
64.
Schools for training of nurses.
65.
Assistance for certain
bodies.
(Repealed)
66.
Dispensary residences under Public Assistance Act, 1939.
67.
Apportionment of expenditure on central health service.
68.
Inspection of provisions and water for crew of Irish ships.
69.
Restriction of application of Public Assistance Act, 1939.
70.
Amendment of Tuberculosis (Establishment of Sanatoria) Act, 1945.
71.
Amendment of Mental Treatment
Act, 1945.
(Repealed)
72.
Amendment of Health Services
(Financial Provisions) Act, 1947.
SCHEDULE
Enactments Repealed
Number
26
of
1953.