(LRC Revised)

Number 23 of 1990

HEALTH (NURSING HOMES) ACT 1990

REVISED

Updated to 23 July 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 (Nursing Homes) Act 1990

. 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

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory instruments up to

and including

Commission of Investigation (Handling of Historical Child Sexual Abuse in Day and

Boarding Schools) Order 2025

(S.I. No. 388 of 2025), made 22 July 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

23

of

1990

HEALTH (NURSING HOMES) ACT

1990

REVISED

Updated to

23 July 2025

ARRANGEMENT OF SECTIONS

Section

PART 1

Preliminary and General

1.

Interpretation.

2.

“Nursing

home”.

3.

Prohibition of unregistered

nursing homes.

(Repealed)

4.

Registration of nursing

homes.

(Repealed)

5.

Appeals.

(Repealed)

6.

Regulations in relation to

standards in nursing homes.

(Repealed)

PART 2

Subventions for Dependent Persons in Nursing Homes

7.

Interpretation of Part

2.

7A.

Application for prescribed

subvention.

7B.

Assessment of need for

applicant to be maintained in nursing home and of means of

applicant.

7C.

Determination of

application.

7D.

Review of dependant persons

who are paid relevant subventions.

7E.

Appeals against decisions of

Executive, etc.

7F.

Proprietor of nursing home to

notify Executive of death or discharge of dependent person who is paid

relevant subvention, etc.

7G.

Recovery of payment of

relevant subvention procured through fraud or misrepresentation,

etc.

7H.

Minister may make regulations

for the purposes of this Part.

7I.

Transitional

provisions.

7J.

Executive shall issue

guidelines.

7K.

Tax clearance.

PART 3

Fees, Temporary Management of Nursing

Homes and Boarding Out

8.

Fees.

9.

Temporary management of

nursing homes by health boards.

(Repealed)

10.

Boarding out of persons by

health boards.

PART 4

Miscellaneous

11.

Penalties.

12.

Provisions in relation to

offences.

13.

Saver.

14.

Laying of regulations in draft

before Houses of Oireachtas.

15.

Repeals.

16.

Expenses.

17.

Short title, construction,

collective citation and commencement.

Acts Referred to

Health (Homes for Incapacitated Persons) Act,

1964

1964, No. 8

Health Act, 1970

1970, No. 1

Mental Treatment Act, 1945

1945, No. 19

Mental Treatment Acts, 1945 to

1966

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Registration of Maternity Homes Act,

1934

1934, No. 14

Number

23

of

1990

HEALTH (NURSING HOMES) ACT

1990

REVISED

Updated to

23 July 2025

AN ACT TO MAKE FURTHER PROVISION IN

RELATION TO NURSING HOMES FOR DEPENDENT PERSONS AND, FOR THAT PURPOSE TO PROVIDE FOR

THE

REGISTRATION BY HEALTH BOARDS OF SUCH HOMES, TO PROVIDE FOR THE BOARDING OUT BY HEALTH

BOARDS OF DEPENDENT PERSONS AND TO PROVIDE FOR CONNECTED MATTERS. [21

st July

,

1990]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred

(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.

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.

...

SCHEDULE 3

Transfer of Functions and

References to Functional Areas

Section 59 and 67.

1. Health Acts 1947 to 2001

...

Editorial Notes

E1

Previous affecting

provision: application of Act extended (1.09.1993) by

Health (In-Patient

Services) Regulations 1993

(S.I. No. 224 of 1993), art. 4, in effect as per

art. 2; revoked (8.06.2007) by

Health (Nursing Homes) (Amendment) Act 2007

(1/2007), s. 9, S.I. No. 409 of 2007.

Annotations

Modifications (not altering

text)

C1

Functions transferred

(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.

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.

...

SCHEDULE 3

Transfer of Functions and

References to Functional Areas

Section 59 and 67.

1. Health Acts 1947 to 2001

...

Editorial Notes

E1

Previous affecting

provision: application of Act extended (1.09.1993) by

Health (In-Patient

Services) Regulations 1993

(S.I. No. 224 of 1993), art. 4, in effect as per

art. 2; revoked (8.06.2007) by

Health (Nursing Homes) (Amendment) Act 2007

(1/2007), s. 9, S.I. No. 409 of 2007.

Section

PART 1

Preliminary and General

1.

Interpretation.

2.

“Nursing

home”.

3.

Prohibition of unregistered

nursing homes.

(Repealed)

4.

Registration of nursing

homes.

(Repealed)

5.

Appeals.

(Repealed)

6.

Regulations in relation to

standards in nursing homes.

(Repealed)

PART 2

Subventions for Dependent Persons in Nursing Homes

7.

Interpretation of Part

2.

7A.

Application for prescribed

subvention.

7B.

Assessment of need for

applicant to be maintained in nursing home and of means of

applicant.

7C.

Determination of

application.

7D.

Review of dependant persons

who are paid relevant subventions.

7E.

Appeals against decisions of

Executive, etc.

7F.

Proprietor of nursing home to

notify Executive of death or discharge of dependent person who is paid

relevant subvention, etc.

7G.

Recovery of payment of

relevant subvention procured through fraud or misrepresentation,

etc.

7H.

Minister may make regulations

for the purposes of this Part.

7I.

Transitional

provisions.

7J.

Executive shall issue

guidelines.

7K.

Tax clearance.

PART 3

Fees, Temporary Management of Nursing

Homes and Boarding Out

8.

Fees.

9.

Temporary management of

nursing homes by health boards.

(Repealed)

10.

Boarding out of persons by

health boards.

PART 4

Miscellaneous

11.

Penalties.

12.

Provisions in relation to

offences.

13.

Saver.

14.

Laying of regulations in draft

before Houses of Oireachtas.

15.

Repeals.

16.

Expenses.

17.

Short title, construction,

collective citation and commencement.