(LRC Revised)

Number 42 of 2004

HEALTH ACT 2004

REVISED

Updated to 1 March 2023

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 2004

. 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

Criminal Justice (Mutual Recognition of

Custodial Sentences) Act 2023

(3/2023), enacted 1 March 2023, and all statutory

instruments up to and including the

Appointment of Special Advisers (Minister for

Children, Equality, Disability, Integration and Youth) Order 2023

(S.I. No. 115

of 2023), made 28 February 2023, 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

42

of

2004

HEALTH ACT 2004

REVISED

Updated to 1 March

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short

title, collective citation and construction.

2.

Interpretation.

3.

Commencement.

4.

Establishment day.

5.

Expenses.

5A.

Expenses of the Executive.

PART 2

Establishment and Functions of the Health Service

Executive

6.

Establishment of Executive.

7.

Object

and functions of Executive.

8.

Agreements between Executive and public authorities concerning

performance of functions.

9.

Informal arrangements between Executive and local authorities concerning

performance of functions.

10.

Directions from Minister.

10A.

Settings of priorities by Minister.

10AA.

Health needs assessment.

10B.

Limitation as to exercise of powers under sections 10 and 10A.

10C.

Directions from Minister for Children, Equality, Disability, Integration

and Youth.

10D.

Setting of priorities by Minister for Children, Equality, Disability,

Integration and Youth

10E.

Limitation as to exercise of powers under sections 10C and 10D

PART 3

The Board of the Health Service Executive

11.

Membership of Board.

(Repealed)

12.

Role

of Board.

(Repealed)

13.

Conditions of office.

(Repealed)

14.

Removal of members from office.

(Repealed)

15.

Committees of Board.

(Repealed)

16.

Remuneration and expenses of members of Board and committees.

(Repealed)

PART 3A

Chief Executive Officer

16A.

Directorate of Executive.

(Repealed)

16B.

Term of office of appointed director.

(Repealed)

16C.

Role of Directorate.

(Repealed)

16D.

Appointed directors — eligibility for appointment and removal from

office.

(Repealed)

16E.

Appointment of Director General.

(Repealed)

16F.

Eligibility for appointment as Director General.

(Repealed)

16G.

General functions of Director General.

(Repealed)

16H.

Delegation of functions by Director General.

(Repealed)

16I.

Attendance by Director General before Oireachtas Committees.

(Repealed)

16J.

Accountability of appointed directors to Director General for the

performance of their functions as employees of Executive.

(Repealed)

16K.

Meetings and procedure of Directorate.

(Repealed)

16L.

Vacancies in membership of Directorate.

(Repealed)

16M.

Committees of Directorate.

(Repealed)

PART 3B

Chief Executive Officer

16N.

Membership of Board.

16O.

Casual vacancies.

16P.

Functions of Board.

16Q.

Membership of either House of Oireachtas or European Parliament.

16R.

Removal of member of Board.

16S.

Removal of all members of Board from office.

16T.

Committees of Board.

16U.

Remuneration and expenses of members of Board and committees.

PART 4

Chief Executive Officer

17.

Appointment of chief executive officer.

(Repealed)

18.

Functions of chief executive officer and their performance by deputy.

(Repealed)

19.

Delegation of functions.

(Repealed)

20.

Chief

executive officer to be accounting officer.

(Repealed)

21.

Attendance of chief executive officer before Oireachtas Committees.

(Repealed)

PART 4A

Chief Executive Officer

21A.

Appointment of chief executive officer.

21B.

Resignation, removal or disqualification of chief executive

officer.

21C.

Functions of chief executive officer.

21D.

Delegation and subdelegation of functions.

21E.

Accountability of chief executive officer to committees of Houses of

Oireachtas.

21F.

Membership of either House of Oireachtas or European Parliament.

21G.

Acting chief executive officer.

PART 5

Employees and Advisers

22.

Employees of Executive.

23.

Superannuation.

24.

Advisers.

PART 6

Standards and Disqualifications

25.

Standards of integrity.

26.

Unauthorised disclosure of confidential information.

27.

Disqualification resulting from membership of either House of

Oireachtas, European Parliament or local authority.

PART 7

Accountability

28.

Interpretation (

Part 7

).

29.

Executive to prepare and submit corporate plan for Minister's

approval.

30.

Publication and implementation of approved corporate plan.

30A.

Minister to determine net non-capital expenditure of Executive.

30B.

Minister for Children, Equality, Disability, Integration and Youth to determine net

non‑capital expenditure of Executive.

31.

Executive to prepare and submit service plan for Minister's

approval.

32.

Amendment of approved service plan.

33.

Implementation of approved service plan.

33A.

Power of Minister to make grants to Executive

33B.

Determination by Minister of capital funding and submission by Executive

of capital plans

34.

Minister's permission needed for major capital spending.

(Repealed)

34A.

Functions of Director General under this Part

34B.

Appearance of Director General before Committee of Public Accounts

35.

Code

of governance.

36.

Accounts of Executive.

37.

Annual report.

38.

Arrangements with service providers.

39.

Assistance for certain bodies.

40.

Gifts.

PART 7A

furnishing of information and documents

40A.

Definition.

40B.

Duty of Executive to furnish information.

40C.

Requirement to furnish information and documents.

40D.

Minister may share information and documents in certain

circumstances.

40E.

Use

of information and documents.

40F.

Saver.

PART 7B

Accounting officer and audit committee

40G.

Director General to be accounting officer of Executive for specified

period.

40H.

Audit committee.

40HA.

Provisions supplementary to section 40H

40I.

Functions of audit committee.

PART 8

Public Representation and User Participation

41.

National Health Consultative Forum.

42.

Regional health forums.

43.

Mechanisms (including advisory panels) to enable Executive to consult

with local communities and others.

44.

Other advisory panels to be established on Minister's direction.

PART 9

Complaints

45.

Definitions (

Part 9

).

46.

Who

may make complaints.

47.

Time

limit for making complaints.

48.

Matters excluded from right to complain.

49.

Complaint and review procedures to be established.

50.

Refusal to investigate or further investigate complaints.

51.

Restriction on type

of recommendations complaints officers may make and power to suspend

implementation of recommendations.

52.

Adherence

to complaint and review procedures to be condition of arrangements with

service providers.

53.

Minister to make regulations for purposes of this Part.

54.

Referral of complaints to Ombudsman or Ombudsman for Children.

55.

Annual

report to include report on complaints and reviews.

PART 9A

Protected Disclosures of Information

55A.

Definition of expressions in this Part.

55B.

Protected disclosure of information by an employee of a relevant

body.

55C.

Protected disclosure of information by an employee of a designated

centre.

55D.

Protected disclosure of information by an employee of a mental health

service provider.

55E.

Protected disclosure of information in relation to regulated

professions.

55F.

Applications and complaints about health professionals to be protected

disclosures.

55G.

Protected disclosure of information: monitoring, investigations and

inspections.

55H.

Duty

of relevant body to establish procedures.

55I.

Adherence to procedures governing protected disclosure of information to

be a condition of arrangements made by the Executive.

55J.

Duties in respect of protected disclosures.

55K.

Disclosure to a Scheduled body.

55L.

Protection from civil liability of persons who have made a protected

disclosure.

55M.

Protection of employees from penalisation for having made a protected

disclosure.

55N.

Proceedings before Labour Court.

(Repealed)

55O.

Enforcement of determinations of Labour Court.

(Repealed)

55P.

Evidence of failure to attend before or give evidence or produce

documents to Labour Court.

(Repealed)

55Q.

Interpretation of "penalise".

55R.

Continuity of employer’s business.

55S.

Making false reports.

55T.

Saver.

PART 10

Dissolution of Certain Health Bodies and the

Transfer of their Functions and Employees, etc., to the Executive

56.

Definitions (

Part 10

).

57.

Dissolution of Comhairle na nOspidéal and transfer of its

functions.

58.

Dissolution of health boards and other specified bodies.

59.

Transfer of functions of specified bodies to Executive.

60.

Transfer of employees of specified bodies to Executive.

61.

Transfer of pension liabilities relating to former employees of

specified bodies.

62.

Transfer of property and liabilities to Executive.

63.

Preservation of contracts, etc., and adaptation of references.

64.

Pending

legal proceedings.

65.

Preservation of orders, notices, rules, records, etc.

66.

References to specified bodies.

67.

Functional areas of dissolved health boards.

68.

References to chief executives of dissolved health boards.

(Repealed)

69.

References to deputy chief executives of dissolved health boards.

(Repealed)

70.

Dissolution of bodies established under Health (Corporate Bodies) Act

1961.

(Repealed)

71.

Final

accounts of specified bodies and other dissolved bodies.

72.

Executive to prepare final annual report for specified bodies and other

dissolved bodies.

PART 11

Repeals, Transitional Provisions and Amendment of Other

Acts

73.

Repeals and revocations.

74.

Savings and transitional provisions.

75.

Amendment of other Acts.

PART 12

Miscellaneous Provisions

76.

Effect of delegation and subdelegation of functions.

77.

Certificate evidence concerning delegation of functions.

78.

General power to make regulations and orders.

79.

Regulations relating to members of either House of Oireachtas.

80.

Laying of regulations and orders before Houses of Oireachtas.

81.

Savers.

82.

Offences.

83.

References to Board and chief executive officer.

SCHEDULE 1

Acts Referred to in Definition of Health and

Personal Social Services

SCHEDULE 2

Miscellaneous Provisions Relating to the Executive

and the Board

SCHEDULE 2A

Bodies and office-holders referred to in Part 9A as

Scheduled Bodies

SCHEDULE 3

Transfer of Functions and References to Functional

Areas

SCHEDULE 4

Repeals and Revocations

SCHEDULE 5

Savings and Transitional Provisions

SCHEDULE 6

Amendment of Other Acts

SCHEDULE 7

Acts Referred to

Adoption Act 1952

1952, No. 25

Adoption Act 1988

1988, No. 30

Adoption Act 1991

1991, No. l4

Adoption Act 1998

1998, No. 10

Adoption Acts 1952 to 1988

Adoption Acts 1952 to 1998

Adoptive Leave Act 1995

1995, No. 2

Births and Deaths Registration Acts 1863

to 1996

Blind Persons Act 1920

1920, c.49

Carer's Leave Act 2001

2001, No. l9

Child Abduction and Enforcement of Custody

Orders Act 1991

1991, No. 6

Child Care Act 1991

1991, No. l7

Child Care Acts 1991 and 2001

Children Act 1997

1997, No. 40

Children Act 2001

2001, No. 24

Children Acts 1908 and 1989

Civil Registration Act 2004

2004, No. 3

Committees of the Houses of the Oireachtas

(Compellability, Privileges and lmmunities of Witnesses) Act 1997

1997, No. l7

Companies Act 1990

1990, No. 33

Comptroller and Auditor General Acts 1866

to 1998

Comptroller and Auditor General

(Amendment) Act 1993

1993, No. 8

Data Protection Acts 1988 and 2003

Dentists Act 1985

1985, No. 9

Domestic Violence Act 1996

1996, No. 1

Domestic Violence Acts 1996 and 2002

Education Act l998

1998, No. 5

1

Education (Welfare) Act 2000

2000, No. 22

Education for Persons with Special

Educational Needs Act 2004

2004, No. 30

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act

1997

1997, No. 2

Family Law Act 1995

1995, No. 26

Family Law (Miscellaneous Provisions) Act

1997

1997, No. 18

Family Law (Maintenance of Spouses and

Children) Act 1976

1976, No. 11

Finance Acts 1989 to 2002

Freedom of Information Act 1997

1997, No. 13

Freedom of Information Acts 1997 and 2003

Food Safety Authority of Ireland Act

1998

1998, No. 29

Guardianship of Infants Act 1964

1964, No. 7

Harbours Act 1946

1946, No. 9

Health Act 1947

1947, No. 28

Health Act 1953

1953, No. 26

Health Act 1970

1970, No. 1

Health Acts 1947 to 1953

Health Acts 1947 to 2001

Health (Amendment) Act 2004

2004, No. l9

Health (Amendment) (No. 3) Act 1996

1996, No. 32

Health (Corporate Bodies) Act 1961

1961, No. 27

Health (Eastern Regional Health Authority)

Act 1999

1999, No. 13

Health (Miscellaneous Provisions) Act 2001

2001, No. l4

Health (Nursing Homes) Act 1990

1990, No. 23

Housing Act 1988

1988, No. 28

Housing Acts 1966 to 2002

Housing (Miscellaneous Pro visions) Act

1997

1997, No. 21

Housing (Traveller Accommodation) Act 1998

1998, No. 33

Immigration Act 1999

1999, No. 22

Immigration Act 2003

2003, No. 26

International Carriage of Perishable

Foodstuffs Act 1987

1987, No. 20

Irish Medicines Board Act 1995

1995, No. 29

Licensing of Indoor Events Act 2003

2003, No. 15

Local Authorities (Officers and Employees)

Act 1926

1926, No. 39

Local Government Act 2001

2001, No. 37

Maternity Protection Act 1994

1994, No. 34

Marriages (Ireland) Act 1844

1844, c. 81

Medical Practitioners Acts 1978 to 2002

Mental Health Act 2001

2001, No. 25

Mental Health Acts 1945 to 2001

Minimum Notice and Terms of Employment

Acts 1973 to 2001

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Act 1984

1984, No. 18

Misuse of Drugs Acts 1977 and 1984

National Beef Assurance Scheme Act 2000

2000, No. 2

National Development Finance Agency Act

2002

2002, No. 29

Notification of Births Acts 1907 and

1915

Nurses Act 1985

1985, No. l8

Ombudsman Act 1980

1980, No. 26

Ombudsman Acts 1980 to 1984

Ombudsman for Children Act 2002

2002, No. 22

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Act 1998

1998, No. 30

Protection of Children (Hague Convention)

Act 2000

2000, No. 37

Protection of Employees (Fixed-Term Work)

Act 2003

2003, No. 29

Protection of Employees (Part-Time Work)

Act 2001

2001, No. 45

Protection of the Environment Act 2003

2003, No. 27

Protections for Persons Reporting Child

Abuse Act 1998

1998, No. 49

Poisons Act 1961

1961, No. 12

Public Health (Tobacco) Act 2002

2002, No. 6

Public Health (Tobacco) (Amendment) Act

2004

2004, No. 6

Public Health (Tobacco) Acts 2002 and 2004

Public Service Management (Recruitment and

Appointments) Act 2004

2004, No. 33

Rats and Mice (Destruction) Act

1919

1919, c. 72

Redundancy Payments Acts 1967 to 2003

Refugee Act 1996

1996, No. 17

Registration of Marriages (Ireland) Act

1863

1863, c. 90

Registration of Maternity Homes Act 1934

1934, No. 14

Residential Tenancies Act 2004

2004, No. 27

Sex Offenders Act 2001

2001, No. 18

Social Welfare Acts

Standards in Public Office Act 2001

2001, No. 31

State Lands (Workhouses) Act 1930

1930, No. 9

State Lands (Workhouses) Act 1962

1962, No. 8

Tobacco (Health Promotion and Protection)

Act 1988

1988, No. 24

Tobacco Products (Control of Advertising,

Sponsorship and Sales Promotion) Act 1978

1978, No. 27

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2001

Unfair Dismissals (Amendment) Act 1993

1993, No. 22

Vocational Education Act 1930

1930, No. 29

Youth Work Act 2001

2001, No. 42

Number

42

of

2004

HEALTH ACT 2004

REVISED

Updated to 1 March

2023

AN ACT TO ESTABLISH A BODY TO BE

KNOWN AS FEIDHMEANNACHT NA SEIRBHÍSE SLÁINTE OR IN THE ENGLISH LANGUAGE AS

THE HEALTH SERVICE EXECUTIVE AND TO PROVIDE FOR THE DISSOLUTION OF THE EASTERN REGIONAL

HEALTH AUTHORITY, THE NORTHERN AREA HEALTH BOARD, THE EAST COAST AREA HEALTH BOARD,

THE

SOUTHWESTERN AREA HEALTH BOARD, THE HEALTH BOARDS ESTABLISHED UNDER THE HEALTH ACT

1970 AND

CERTAIN OTHER BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED

BODIES

AND THEIR EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; TO ESTABLISH MECHANISMS FOR INVOLVING

PUBLIC REPRESENTATIVES, USERS OF HEALTH AND PERSONAL SOCIAL SERVICES AND OTHER MEMBERS

OF

THE PUBLIC IN MATTERS RELATING TO THOSE SERVICES; TO ESTABLISH A STATUTORY FRAMEWORK

FOR

HANDLING CERTAIN COMPLAINTS RELATING TO HEALTH AND PERSONAL SOCIAL SERVICES; TO ESTABLISH

MECHANISMS FOR THE FUTURE DISSOLUTION OF CERTAIN OTHER HEALTH BODIES AND FOR THE TRANSFER

OF THEIR FUNCTIONS AND EMPLOYEES TO THE HEALTH SERVICE EXECUTIVE; AND TO PROVIDE FOR

RELATED MATTERS. [17

th December

, 2004]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references construed (1.03.2023) by

Specialist Community-Based Disability

Services (Transfer of Departmental Administration and Ministerial Functions)

Order 2022

(S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2),

subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant

function” means –

(

a

) any function

transferred by Article 4 of this Order, and

(

b

) any function

transferred to the Minister for Children, Equality, Disability, Integration and

Youth by –

(i) the Health Act 2004 (No. 42

of 2004),

(ii) the Disability Act

2005 (No. 14 of 2005),

(iii) the Health Act 2007 (No.

23 of 2007),

in so far only as the function

consists of, or is connected with, specialist community-based disability services,

within the meaning of the Health Act 2004, or any such other function otherwise

assigned to that Minister by any of those Acts.

3. (1) The administration and

business in connection with the exercise, performance or execution of any relevant

function are transferred to the Department of Children, Equality, Disability,

Integration and Youth.

(2) References to the Department

of Health contained in any Act or any instrument made under such Act and relating

to any administration and business transferred by paragraph (1) of this Article

shall, on and after the commencement of this Order, be construed as references to

the Department of Children, Equality, Disability, Integration and Youth.

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references construed (1.03.2023) by

Specialist Community-Based Disability

Services (Transfer of Departmental Administration and Ministerial Functions)

Order 2022

(S.I. No. 688 of 2022), arts. 2, 3, in effect as per art. 1(2),

subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant

function” means –

(

a

) any function

transferred by Article 4 of this Order, and

(

b

) any function

transferred to the Minister for Children, Equality, Disability, Integration and

Youth by –

(i) the Health Act 2004 (No. 42

of 2004),

(ii) the Disability Act

2005 (No. 14 of 2005),

(iii) the Health Act 2007 (No.

23 of 2007),

in so far only as the function

consists of, or is connected with, specialist community-based disability services,

within the meaning of the Health Act 2004, or any such other function otherwise

assigned to that Minister by any of those Acts.

3. (1) The administration and

business in connection with the exercise, performance or execution of any relevant

function are transferred to the Department of Children, Equality, Disability,

Integration and Youth.

(2) References to the Department

of Health contained in any Act or any instrument made under such Act and relating

to any administration and business transferred by paragraph (1) of this Article

shall, on and after the commencement of this Order, be construed as references to

the Department of Children, Equality, Disability, Integration and Youth.

...

PART 1

Preliminary Matters

Section

1.

Short

title, collective citation and construction.

2.

Interpretation.

3.

Commencement.

4.

Establishment day.

5.

Expenses.

5A.

Expenses of the Executive.

PART 2

Establishment and Functions of the Health Service

Executive

6.

Establishment of Executive.

7.

Object

and functions of Executive.

8.

Agreements between Executive and public authorities concerning

performance of functions.

9.

Informal arrangements between Executive and local authorities concerning

performance of functions.

10.

Directions from Minister.

10A.

Settings of priorities by Minister.

10AA.

Health needs assessment.

10B.

Limitation as to exercise of powers under sections 10 and 10A.

10C.

Directions from Minister for Children, Equality, Disability, Integration

and Youth.

10D.

Setting of priorities by Minister for Children, Equality, Disability,

Integration and Youth

10E.

Limitation as to exercise of powers under sections 10C and 10D

PART 3

The Board of the Health Service Executive

11.

Membership of Board.

(Repealed)

12.

Role

of Board.

(Repealed)

13.

Conditions of office.

(Repealed)

14.

Removal of members from office.

(Repealed)

15.

Committees of Board.

(Repealed)

16.

Remuneration and expenses of members of Board and committees.

(Repealed)

PART 3A

Chief Executive Officer

16A.

Directorate of Executive.

(Repealed)

16B.

Term of office of appointed director.

(Repealed)

16C.

Role of Directorate.

(Repealed)

16D.

Appointed directors — eligibility for appointment and removal from

office.

(Repealed)

16E.

Appointment of Director General.

(Repealed)

16F.

Eligibility for appointment as Director General.

(Repealed)

16G.

General functions of Director General.

(Repealed)

16H.

Delegation of functions by Director General.

(Repealed)

16I.

Attendance by Director General before Oireachtas Committees.

(Repealed)

16J.

Accountability of appointed directors to Director General for the

performance of their functions as employees of Executive.

(Repealed)

16K.

Meetings and procedure of Directorate.

(Repealed)

16L.

Vacancies in membership of Directorate.

(Repealed)

16M.

Committees of Directorate.

(Repealed)

PART 3B

Chief Executive Officer

16N.

Membership of Board.

16O.

Casual vacancies.

16P.

Functions of Board.

16Q.

Membership of either House of Oireachtas or European Parliament.

16R.

Removal of member of Board.

16S.

Removal of all members of Board from office.

16T.

Committees of Board.

16U.

Remuneration and expenses of members of Board and committees.

PART 4

Chief Executive Officer

17.

Appointment of chief executive officer.

(Repealed)

18.

Functions of chief executive officer and their performance by deputy.

(Repealed)

19.

Delegation of functions.

(Repealed)

20.

Chief

executive officer to be accounting officer.

(Repealed)

21.

Attendance of chief executive officer before Oireachtas Committees.

(Repealed)

PART 4A

Chief Executive Officer

21A.

Appointment of chief executive officer.

21B.

Resignation, removal or disqualification of chief executive

officer.

21C.

Functions of chief executive officer.

21D.

Delegation and subdelegation of functions.

21E.

Accountability of chief executive officer to committees of Houses of

Oireachtas.

21F.

Membership of either House of Oireachtas or European Parliament.

21G.

Acting chief executive officer.

PART 5

Employees and Advisers

22.

Employees of Executive.

23.

Superannuation.

24.

Advisers.

PART 6

Standards and Disqualifications

25.

Standards of integrity.

26.

Unauthorised disclosure of confidential information.

27.

Disqualification resulting from membership of either House of

Oireachtas, European Parliament or local authority.

PART 7

Accountability

28.

Interpretation (

Part 7

).

29.

Executive to prepare and submit corporate plan for Minister's

approval.

30.

Publication and implementation of approved corporate plan.

30A.

Minister to determine net non-capital expenditure of Executive.

30B.

Minister for Children, Equality, Disability, Integration and Youth to determine net

non‑capital expenditure of Executive.

31.

Executive to prepare and submit service plan for Minister's

approval.

32.

Amendment of approved service plan.

33.

Implementation of approved service plan.

33A.

Power of Minister to make grants to Executive

33B.

Determination by Minister of capital funding and submission by Executive

of capital plans

34.

Minister's permission needed for major capital spending.

(Repealed)

34A.

Functions of Director General under this Part

34B.

Appearance of Director General before Committee of Public Accounts

35.

Code

of governance.

36.

Accounts of Executive.

37.

Annual report.

38.

Arrangements with service providers.

39.

Assistance for certain bodies.

40.

Gifts.

PART 7A

furnishing of information and documents

40A.

Definition.

40B.

Duty of Executive to furnish information.

40C.

Requirement to furnish information and documents.

40D.

Minister may share information and documents in certain

circumstances.

40E.

Use

of information and documents.

40F.

Saver.

PART 7B

Accounting officer and audit committee

40G.

Director General to be accounting officer of Executive for specified

period.

40H.

Audit committee.

40HA.

Provisions supplementary to section 40H

40I.

Functions of audit committee.

PART 8

Public Representation and User Participation

41.

National Health Consultative Forum.

42.

Regional health forums.

43.

Mechanisms (including advisory panels) to enable Executive to consult

with local communities and others.

44.

Other advisory panels to be established on Minister's direction.

PART 9

Complaints

45.

Definitions (

Part 9

).

46.

Who

may make complaints.

47.

Time

limit for making complaints.

48.

Matters excluded from right to complain.

49.

Complaint and review procedures to be established.

50.

Refusal to investigate or further investigate complaints.

51.

Restriction on type

of recommendations complaints officers may make and power to suspend

implementation of recommendations.

52.

Adherence

to complaint and review procedures to be condition of arrangements with

service providers.

53.

Minister to make regulations for purposes of this Part.

54.

Referral of complaints to Ombudsman or Ombudsman for Children.

55.

Annual

report to include report on complaints and reviews.

PART 9A

Protected Disclosures of Information

55A.

Definition of expressions in this Part.

55B.

Protected disclosure of information by an employee of a relevant

body.

55C.

Protected disclosure of information by an employee of a designated

centre.

55D.

Protected disclosure of information by an employee of a mental health

service provider.

55E.

Protected disclosure of information in relation to regulated

professions.

55F.

Applications and complaints about health professionals to be protected

disclosures.

55G.

Protected disclosure of information: monitoring, investigations and

inspections.

55H.

Duty

of relevant body to establish procedures.

55I.

Adherence to procedures governing protected disclosure of information to

be a condition of arrangements made by the Executive.

55J.

Duties in respect of protected disclosures.

55K.

Disclosure to a Scheduled body.

55L.

Protection from civil liability of persons who have made a protected

disclosure.

55M.

Protection of employees from penalisation for having made a protected

disclosure.

55N.

Proceedings before Labour Court.

(Repealed)

55O.

Enforcement of determinations of Labour Court.

(Repealed)

55P.

Evidence of failure to attend before or give evidence or produce

documents to Labour Court.

(Repealed)

55Q.

Interpretation of "penalise".

55R.

Continuity of employer’s business.

55S.

Making false reports.

55T.

Saver.

PART 10

Dissolution of Certain Health Bodies and the

Transfer of their Functions and Employees, etc., to the Executive

56.

Definitions (

Part 10

).

57.

Dissolution of Comhairle na nOspidéal and transfer of its

functions.

58.

Dissolution of health boards and other specified bodies.

59.

Transfer of functions of specified bodies to Executive.

60.

Transfer of employees of specified bodies to Executive.

61.

Transfer of pension liabilities relating to former employees of

specified bodies.

62.

Transfer of property and liabilities to Executive.

63.

Preservation of contracts, etc., and adaptation of references.

64.

Pending

legal proceedings.

65.

Preservation of orders, notices, rules, records, etc.

66.

References to specified bodies.

67.

Functional areas of dissolved health boards.

68.

References to chief executives of dissolved health boards.

(Repealed)

69.

References to deputy chief executives of dissolved health boards.

(Repealed)

70.

Dissolution of bodies established under Health (Corporate Bodies) Act

1961.

(Repealed)

71.

Final

accounts of specified bodies and other dissolved bodies.

72.

Executive to prepare final annual report for specified bodies and other

dissolved bodies.

PART 11

Repeals, Transitional Provisions and Amendment of Other

Acts

73.

Repeals and revocations.

74.

Savings and transitional provisions.

75.

Amendment of other Acts.

PART 12

Miscellaneous Provisions

76.

Effect of delegation and subdelegation of functions.

77.

Certificate evidence concerning delegation of functions.

78.

General power to make regulations and orders.

79.

Regulations relating to members of either House of Oireachtas.

80.

Laying of regulations and orders before Houses of Oireachtas.

81.

Savers.

82.

Offences.

83.

References to Board and chief executive officer.

SCHEDULE 1

Acts Referred to in Definition of Health and

Personal Social Services

SCHEDULE 2

Miscellaneous Provisions Relating to the Executive

and the Board

SCHEDULE 2A

Bodies and office-holders referred to in Part 9A as

Scheduled Bodies

SCHEDULE 3

Transfer of Functions and References to Functional

Areas

SCHEDULE 4

Repeals and Revocations

SCHEDULE 5

Savings and Transitional Provisions

SCHEDULE 6

Amendment of Other Acts

SCHEDULE 7

Number

42

of

2004