IE
(LRC Revised)
Statutory Text (1 Articles)
Number 1 of 1970
HEALTH ACT 1970
REVISED
Updated to 1 June 2025
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 1970
. 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
Finance (Provision of Access to Cash Infrastructure) Act 2025
(4/2025), enacted 20 May 2025, and all statutory instruments up to and including
the
Agriculture, Food and the Marine (Delegation of Ministerial Functions) Order 2025
(S.I. No. 244 of 2025), made 4 June 2025, 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
1
of
1970
HEALTH ACT 1970
REVISED
Updated to 1 June 2025
ARRANGEMENT OF SECTIONS
PART
I
Preliminary and General
Section
1.
Short title, collective
citation, construction and commencement.
2.
Interpretation.
3.
Repeals.
PART
II
Administration
Chapter I
Health Boards
4.
Establishment of health
boards.
(Repealed)
5.
General provisions regarding
health boards.
6.
Functions of health
boards.
(Repealed)
7.
Local committees.
(Repealed)
8.
Committees of health
boards.
(Repealed)
9.
Expenses of members of boards
and committees.
(Repealed)
10.
Allowances to chairmen and
vice-chairmen of health boards.
(Repealed)
11.
Joint action by health
boards.
(Repealed)
12.
Removal of board from
office.
(Repealed)
Chapter II
Officers and Servants,
etc.
13.
Chief executive officers of
health boards.
(Repealed)
14.
Other officers and servants of
health boards.
(Repealed)
15.
Application of Local
Authorities (Officers and Employees) Acts, 1926 and 1940.
(Repealed)
16.
Delegation by chief executive
officer.
(Repealed)
17.
Performance of duties of
officers.
(Repealed)
18.
Qualifications for offices
under health boards.
(Repealed)
19.
Age limits.
(Repealed)
20.
Superannuation.
(Repealed)
21.
Suspension and removal of
chief executive officer.
(Repealed)
22.
Suspension of other officers
of health boards.
(Repealed)
23.
Removal of officers and
servants.
24.
Committees for certain
removals.
(Repealed)
25.
Arrangements between health
boards and local authorities.
(Repealed)
26.
Arrangements by health boards
for provision of services.
(Repealed)
Chapter III
Finance
27.
Accounts of health
boards.
(Repealed)
28.
Audits of health board
accounts.
(Repealed)
29.
Abstract of health board
accounts.
(Repealed)
30.
Health board estimates.
(Repealed)
31.
Limitations on expenditure by
health board.
(Repealed)
32.
Grants and local contributions
to health boards.
(Repealed)
33.
Borrowing and acceptance of
gifts by health boards.
(Repealed)
Chapter IV
Dissolution of Certain
Bodies, etc.
34.
Dissolutions of certain health
authorities and consequential provisions.
(Repealed)
35.
Dissolutions of joint boards
under section 45 of Health Act, 1953.
(Repealed)
36.
Transfers of certain
property.
(Repealed)
37.
Transfer of certain officers
and continuance of certain contracts of service.
(Repealed)
PART
III
Hospitals, etc.
38.
Provision and maintenance of
hospitals, etc.
39.
Religious services.
40.
Acquisition of land for
voluntary bodies.
41.
Bodies for co-ordination and
development of hospital services.
(Repealed)
42.
Dissolution of Hospitals
Commission.
(Repealed)
43.
Amendment of Public Hospitals
Act, 1933.
44.
Administration of Central
Mental Hospital.
PART
IV
Health Services
Chapter I
Eligibility
45.
Full eligibility.
45A.
Full eligibility.
46.
Limited
eligibility.
47.
Appeals.
47A.
Guidelines on "ordinarily
resident in the State".
48.
Declaration regarding
means.
48A.
Review of eligibility in
certain circumstances.
49.
Change of
circumstances.
50.
Charge where person not
entitled obtains service.
Chapter II
Hospital In-Patient and
Out-Patient Services
51.
In-patient
services.
52.
Provision of in-patient
services.
53.
Charges for in-patient
services.
(Repealed)
53A.
Charges for in-patient
services in certain cases.
53B.
Charges for long-term
residential care services.
53C.
Charges for acute in-patient
services.
(Repealed)
54.
In-patient services at choice
of patient, etc.
55.
In-patient services for
persons not entitled, or who have waived entitlement, to services under
section 52.
56.
Out-patient
services.
57.
Provision of ambulances,
etc.
Chapter III
General Medical
Services
58.
General practitioner medical
and surgical service.
58A.
General practitioner medical
and surgical service for certain persons over 70 years of age.
58B.
General practitioner medical
and surgical service for persons under 6 years of age.
58C.
Agreement for provision of
service under section 58B.
58D.
General practitioner medical
and surgical service for persons in receipt of carer’s allowance or
carer’s benefit.
59.
Drugs, medicines and
appliances.
59A.
Prescription charges for
persons who have attained age of 70 years and their
dependants.
60.
Home nursing.
61.
Home help service.
61A.
Information to be provided to
Health Service Executive by home care providers.
Chapter IV
Services for Mothers and
Children
62.
Medical and midwifery care for
mothers.
62A.
Services for women in
accordance with Act of 2018.
63.
Medical care for
infants.
64.
Maternity grants.
65.
Milk for mothers and
children.
66.
Child health
service.
Chapter V
Other Services
67.
Dental, ophthalmic and aural
services.
67A.
Interpretation - sections 67A
to 67D.
67B.
Residential support
services.
67C.
Residential support services
maintenance and accommodation contributions.
67D.
Waiver of residential support
services maintenance and accommodation contributions.
67E.
Contraception services for
certain women.
67F.
Menopause products for certain women.
68.
Rehabilitation
services.
69.
Maintenance allowances for
disabled persons.
(Repealed)
70.
Screening tests.
71.
Information and advice on
health.
Chapter VI
Miscellaneous Provisions
Regarding Services
72.
Regulations.
73.
Determination of doubt as to
responsible Health Board.
(Repealed)
74.
Recovery of charges and
contributions.
74A.
Recovery of charges and
contributions — further provision.
75.
False statements,
etc.
PART
IVA
Arrangements in relation to health services
75A.
Arrangements in relation to
health services.
75B.
Regulations to give full
effect to this Part.
75C.
Orders and
regulations.
75D.
Orders and regulations.
(Repealed)
PART
V
Miscellaneous Provisions
76.
Amendment of hospital
charters, etc.
77.
Removal of bodies.
78.
Control of possession of
certain substances.
(Repealed)
79.
Extension of Rats and Mice
(Destruction) Act, 1919.
80.
Restriction of Health Services
(Financial Provisions) Act, 1947.
(Repealed)
81.
Amendment of section 3 of
Mental Treatment Act, 1945.
82.
Adaptation of Mental Treatment
Acts, 1945 to 1966.
83.
Local inquiries, etc.
(Repealed)
84.
Public assistance.
85.
Regulations regarding
adaptations.
86.
Amendment of City and County
Management (Amendment) Act, 1955.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Rules in relation to Membership and Meetings of Health Boards
(Repealed)
THIRD SCHEDULE
Provisions consequential on Dissolutions
FOURTH SCHEDULE
Charges Payable in Respect of In-Patient Services Provided Under
Section 55.
FIFTH SCHEDULE
Each of the Hospitals Specified Hereunder is Specified as a Hospital
for the Purposes of this Schedule.
SIXTH SCHEDULE
Each of the Hospitals Specified Hereunder is Specified as a Hospital
for the Purposes of this Schedule.
Acts Referred to
Health Act, 1947
1947, No. 28.
Children (Amendment) Act,
1957
1957, No. 28.
Rats and Mice (Destruction) Act, 1919
1919, c. 72.
Blind Persons Act, 1920
1920, c. 49.
State Lands (Workhouses) Act,
1930
1930, No. 9.
State Lands (Workhouses) Act,
1962
1962, No. 8.
Registration of Maternity Homes Act,
1934
1934, No. 14.
Midwives Act, 1944
1944, No. 10.
Nurses Act, 1950
1950, No. 27.
Poisons Act, 1961
1961, No. 12.
Health Services (Financial Provisions) Act,
1947
1947, No. 47.
Vital Statistics and Births, Deaths and
Marriages Registration Act, 1952
1952, No. 8.
Local Government Act, 1955
1955, No. 9.
Local Government (Superannuation) Act,
1956
1956, No. 10.
Local Government Act, 1941
1941, No. 23.
Local Authorities (Officers and Employees)
Act, 1926
1926, No. 39.
Medical Practitioners Act,
1927
1927, No. 25.
Public Hospitals Act, 1933
1933, No. 18.
Central Criminal Lunatic Asylum (Ireland) Act,
1845
1845, c. 107.
Social Welfare Act, 1952
1952, No. 11.
Illegitimate Children (Affiliation Orders)
Act, 1930
1930, No. 17.
Local Government (Ireland) Act, 1871
1871, c. 109.
Local Government (Ireland) Act, 1898
1898, c. 37.
Local Government (Ireland) Act, 1902
1902, c. 38.
Health Act, 1953
1953, No. 26.
Dangerous Drugs Act, 1934
1934, No. 1.
Rats and Mice (Destruction) Act, 1919
1919, c. 72.
Mental Treatment Act, 1945
1945, No. 19.
Local Government Act, 1946
1946, No. 24.
Public Assistance Act, 1939
1939, No. 27.
City and County Management (Amendment) Act,
1955
1955, No. 12.
Number
1
of
1970
HEALTH ACT 1970
REVISED
Updated to 1 June 2025
AN ACT TO AMEND AND EXTEND THE
HEALTH ACTS, 1947 TO 1966, AND CERTAIN OTHER ENACTMENTS, TO PROVIDE FOR THE ESTABLISHMENT
OF BODIES FOR THE ADMINISTRATION OF THE HEALTH SERVICES, AND FOR OTHER MATTERS CONNECTED
WITH THE MATTERS AFORESAID. [24
th February
, 1970.]
BE IT ENACTED BY THE OIREACHTAS AS
FOLLOWS
Annotations
Modifications (not altering
text)
C1
References to “health board” construed as references to
Health Service Executive (1.01.2005) by
Health Act 2004
(42/2004), ss.
56(a), 66, S.I. No. 887 of 2004.
Definitions (Part
10).
56.—In this Part
“specified body” means—
(
a
) the health
boards,
...
References to specified
bodies.
66.—Subject to this
Act, references (however expressed) to a specified body in any Act passed before
the establishment day, or in any instrument made before that day under an Act, are
to be read as references to the Executive, unless the context otherwise
requires.
C2
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
...
Editorial Notes
E1
Previous affecting provision: health board established under Act deemed
to be and have been a fit person for purposes of the
Children Act 1908
(8
Edw. 7 ch. 67), s. 38 (9.11.1989) by
Children Act 1989
(18/1989), s. 1,
commenced on enactment;
Children Act 1908
(8 Edw. 7 ch. 67) repealed
(1.05.2002) by
Children Act 2001
(24/2001), s. 5 and sch. 2, S.I. No. 151
of 2002.
Annotations
Modifications (not altering
text)
C1
References to “health board” construed as references to
Health Service Executive (1.01.2005) by
Health Act 2004
(42/2004), ss.
56(a), 66, S.I. No. 887 of 2004.
Definitions (Part
10).
56.—In this Part
“specified body” means—
(
a
) the health
boards,
...
References to specified
bodies.
66.—Subject to this
Act, references (however expressed) to a specified body in any Act passed before
the establishment day, or in any instrument made before that day under an Act, are
to be read as references to the Executive, unless the context otherwise
requires.
C2
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
...
Editorial Notes
E1
Previous affecting provision: health board established under Act deemed
to be and have been a fit person for purposes of the
Children Act 1908
(8
Edw. 7 ch. 67), s. 38 (9.11.1989) by
Children Act 1989
(18/1989), s. 1,
commenced on enactment;
Children Act 1908
(8 Edw. 7 ch. 67) repealed
(1.05.2002) by
Children Act 2001
(24/2001), s. 5 and sch. 2, S.I. No. 151
of 2002.
PART
I
Preliminary and General
Section
1.
Short title, collective
citation, construction and commencement.
2.
Interpretation.
3.
Repeals.
PART
II
Administration
Chapter I
Health Boards
4.
Establishment of health
boards.
(Repealed)
5.
General provisions regarding
health boards.
6.
Functions of health
boards.
(Repealed)
7.
Local committees.
(Repealed)
8.
Committees of health
boards.
(Repealed)
9.
Expenses of members of boards
and committees.
(Repealed)
10.
Allowances to chairmen and
vice-chairmen of health boards.
(Repealed)
11.
Joint action by health
boards.
(Repealed)
12.
Removal of board from
office.
(Repealed)
Chapter II
Officers and Servants,
etc.
13.
Chief executive officers of
health boards.
(Repealed)
14.
Other officers and servants of
health boards.
(Repealed)
15.
Application of Local
Authorities (Officers and Employees) Acts, 1926 and 1940.
(Repealed)
16.
Delegation by chief executive
officer.
(Repealed)
17.
Performance of duties of
officers.
(Repealed)
18.
Qualifications for offices
under health boards.
(Repealed)
19.
Age limits.
(Repealed)
20.
Superannuation.
(Repealed)
21.
Suspension and removal of
chief executive officer.
(Repealed)
22.
Suspension of other officers
of health boards.
(Repealed)
23.
Removal of officers and
servants.
24.
Committees for certain
removals.
(Repealed)
25.
Arrangements between health
boards and local authorities.
(Repealed)
26.
Arrangements by health boards
for provision of services.
(Repealed)
Chapter III
Finance
27.
Accounts of health
boards.
(Repealed)
28.
Audits of health board
accounts.
(Repealed)
29.
Abstract of health board
accounts.
(Repealed)
30.
Health board estimates.
(Repealed)
31.
Limitations on expenditure by
health board.
(Repealed)
32.
Grants and local contributions
to health boards.
(Repealed)
33.
Borrowing and acceptance of
gifts by health boards.
(Repealed)
Chapter IV
Dissolution of Certain
Bodies, etc.
34.
Dissolutions of certain health
authorities and consequential provisions.
(Repealed)
35.
Dissolutions of joint boards
under section 45 of Health Act, 1953.
(Repealed)
36.
Transfers of certain
property.
(Repealed)
37.
Transfer of certain officers
and continuance of certain contracts of service.
(Repealed)
PART
III
Hospitals, etc.
38.
Provision and maintenance of
hospitals, etc.
39.
Religious services.
40.
Acquisition of land for
voluntary bodies.
41.
Bodies for co-ordination and
development of hospital services.
(Repealed)
42.
Dissolution of Hospitals
Commission.
(Repealed)
43.
Amendment of Public Hospitals
Act, 1933.
44.
Administration of Central
Mental Hospital.
PART
IV
Health Services
Chapter I
Eligibility
45.
Full eligibility.
45A.
Full eligibility.
46.
Limited
eligibility.
47.
Appeals.
47A.
Guidelines on "ordinarily
resident in the State".
48.
Declaration regarding
means.
48A.
Review of eligibility in
certain circumstances.
49.
Change of
circumstances.
50.
Charge where person not
entitled obtains service.
Chapter II
Hospital In-Patient and
Out-Patient Services
51.
In-patient
services.
52.
Provision of in-patient
services.
53.
Charges for in-patient
services.
(Repealed)
53A.
Charges for in-patient
services in certain cases.
53B.
Charges for long-term
residential care services.
53C.
Charges for acute in-patient
services.
(Repealed)
54.
In-patient services at choice
of patient, etc.
55.
In-patient services for
persons not entitled, or who have waived entitlement, to services under
section 52.
56.
Out-patient
services.
57.
Provision of ambulances,
etc.
Chapter III
General Medical
Services
58.
General practitioner medical
and surgical service.
58A.
General practitioner medical
and surgical service for certain persons over 70 years of age.
58B.
General practitioner medical
and surgical service for persons under 6 years of age.
58C.
Agreement for provision of
service under section 58B.
58D.
General practitioner medical
and surgical service for persons in receipt of carer’s allowance or
carer’s benefit.
59.
Drugs, medicines and
appliances.
59A.
Prescription charges for
persons who have attained age of 70 years and their
dependants.
60.
Home nursing.
61.
Home help service.
61A.
Information to be provided to
Health Service Executive by home care providers.
Chapter IV
Services for Mothers and
Children
62.
Medical and midwifery care for
mothers.
62A.
Services for women in
accordance with Act of 2018.
63.
Medical care for
infants.
64.
Maternity grants.
65.
Milk for mothers and
children.
66.
Child health
service.
Chapter V
Other Services
67.
Dental, ophthalmic and aural
services.
67A.
Interpretation - sections 67A
to 67D.
67B.
Residential support
services.
67C.
Residential support services
maintenance and accommodation contributions.
67D.
Waiver of residential support
services maintenance and accommodation contributions.
67E.
Contraception services for
certain women.
67F.
Menopause products for certain women.
68.
Rehabilitation
services.
69.
Maintenance allowances for
disabled persons.
(Repealed)
70.
Screening tests.
71.
Information and advice on
health.
Chapter VI
Miscellaneous Provisions
Regarding Services
72.
Regulations.
73.
Determination of doubt as to
responsible Health Board.
(Repealed)
74.
Recovery of charges and
contributions.
74A.
Recovery of charges and
contributions — further provision.
75.
False statements,
etc.
PART
IVA
Arrangements in relation to health services
75A.
Arrangements in relation to
health services.
75B.
Regulations to give full
effect to this Part.
75C.
Orders and
regulations.
75D.
Orders and regulations.
(Repealed)
PART
V
Miscellaneous Provisions
76.
Amendment of hospital
charters, etc.
77.
Removal of bodies.
78.
Control of possession of
certain substances.
(Repealed)
79.
Extension of Rats and Mice
(Destruction) Act, 1919.
80.
Restriction of Health Services
(Financial Provisions) Act, 1947.
(Repealed)
81.
Amendment of section 3 of
Mental Treatment Act, 1945.
82.
Adaptation of Mental Treatment
Acts, 1945 to 1966.
83.
Local inquiries, etc.
(Repealed)
84.
Public assistance.
85.
Regulations regarding
adaptations.
86.
Amendment of City and County
Management (Amendment) Act, 1955.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Rules in relation to Membership and Meetings of Health Boards
(Repealed)
THIRD SCHEDULE
Provisions consequential on Dissolutions
FOURTH SCHEDULE
Charges Payable in Respect of In-Patient Services Provided Under
Section 55.
FIFTH SCHEDULE
Each of the Hospitals Specified Hereunder is Specified as a Hospital
for the Purposes of this Schedule.
SIXTH SCHEDULE
Each of the Hospitals Specified Hereunder is Specified as a Hospital
for the Purposes of this Schedule.
Number
1
of
1970