Infectious Diseases (Amendment) Regulations 2007

Statutory Instrument No.559/2007
Published date03 August 2007

S.I. No. 559 of 2007

INFECTIOUS DISEASES (AMENDMENT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd August, 2007.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by sections 5 and 29 of the Health Act 1947 (No. 28 of 1947) and by section 31 of the said Act, as amended by section 34 of the Health Act 1953 (No. 26 of 1953), hereby make the following regulations:

PART 1 — PRELIMINARY AND GENERAL

1. These Regulations may be cited as the Infectious Diseases (Amendment) Regulations 2007.

2. The Regulations shall come into operation on 27th July 2007.

3. In these Regulations—

“Principal Regulations” means the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ), as amended by the Infectious Diseases (Amendment) Regulations 1985 ( S.I. No. 268 of 1985 ), the Infectious Diseases (Amendment) Regulations 1988 ( S.I. No. 288 of 1988 ), the Infectious Diseases (Amendment) Regulations 1996 ( S.I. No. 384 of 1996 ), the Infectious Diseases (Amendment) Regulations 2000 ( S.I. No. 151 of 2000 ), the Infectious Diseases (Amendment) Regulations 2003 ( S.I. No. 115 of 2003 ), the Infectious Diseases (Amendment) (No.2) Regulations 2003 ( S.I. No. 180 of 2003 ), the Infectious Diseases (Amendment) (No. 3) Regulations 2003 ( S.I. No. 707 of 2003 ) and the Infectious Diseases (Amendment) Regulations 2004 ( S.I. No. 865 of 2004 ).

PART 2 — AMENDMENTS TO THE PRINCIPAL REGULATIONS

4. (1) Regulation 2 of the Principal Regulations, as amended by the Infectious Diseases (Amendment) Regulations 2004 ( S.I. No. 865 of 2004 ), is further amended, as follows:

by substituting for the definition of “medical officer of health” the following:

“the expression ‘medical officer of health’ shall be construed in accordance with paragraph 4 of Schedule 5 of the Health Act, 2004”.

(2) Regulation 5 of the Principal Regulations is amended by substituting the following for the existing regulation:

“These Regulations shall be enforced by the Health Service Executive in its functional areas”.

(3) Regulation 8 of the Principal Regulations, as amended by the Infectious Diseases (Amendment) Regulations 2003 ( S.I. No. 707 of 2003 ), is further amended by the insertion before “Paratyphoid” of “Influenza where it is Influenza of a new or re-emergent subtype”.

(4) Regulation 10 of the Principal Regulations is amended by substituting the following for the existing regulation:

“(1) The Health Service Executive shall make arrangements for the diagnosis and treatment of infectious diseases in persons in its functional areas.

(2) Subject to the provisions of sub-regulations (3) and (4) of this Regulation, no charge shall be made by the Health Service Executive for any services (including institutional services) provided by it in the performance of its duties under sub-regulation (1) of this Regulation.

(3) Where institutional services, which are provided in a private or semi-private ward are provided for a person suffering from an infectious disease at the request of such person or of the person in charge of him, the provisions of sub-regulation (2) of this Regulation shall not apply.

(4) Nothing in sub-regulation (2) of this Regulation shall affect any agreement with an authority in another State for the making of payments to the Health Service Executive for the treatment of infectious diseases”.

(5) Regulation 13(1) of the Principal Regulations is amended by substituting the following for the existing regulation:

“(1) The Health Service Executive may, from time to time, in accordance with the advice of a medical officer of health and shall, if required by the Minister, do all or any of the following things:—

(a) purchase and keep a supply of...

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