Children's Health Act 2018

JurisdictionIreland
CitationIR No. 27/2018
Year2018


Number 27 of 2018


CHILDREN’S HEALTH ACT 2018


CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Interpretation

3. Expenses

PART 2

Establishment and Functions of Children’s Health Ireland

4. Establishment day

5. Establishment of Children’s Health Ireland

6. Object and functions

7. Policy directions and guidelines

8. Subsidiaries, partnerships and other matters

9. Land, property, gifts and borrowing

10. Accounts

11. Annual report

PART 3

Board of Children’s Health Ireland

12. Board of Children’s Health Ireland

13. Membership of Board on establishment day

14. Subsequent Board

15. Casual vacancies

16. Meetings of Board

17. Conditions of office of members of Board

18. Removal of all members of Board from office

19. Committees of Board

20. Membership of either House of Oireachtas or European Parliament or local authority

21. Expenses of members of Board and committees

22. Seal of Children’s Health Ireland

Chief Executive Officer and employees of Children’s Health Ireland

23. Chief Executive Officer

24. Functions of Chief Executive Officer

25. Delegation of functions of Chief Executive Officer

26. Employees of Children’s Health Ireland

27. Superannuation

PART 5

Transfer of employees, land, property, rights and liabilities of Crumlin Hospital to Children’s Health Ireland

28. Transfer of employees from Crumlin Hospital to Children’s Health Ireland

29. Transfer of land from Crumlin Hospital to Children’s Health Ireland

30. Transfer of property of Crumlin Hospital to Children’s Health Ireland

31. Transfer of rights and liabilities of Crumlin Hospital to Children’s Health Ireland

32. Liability for loss occurring before the commencement of this Part

33. Provisions consequent upon transfer of land, property, rights and liabilities to Children’s Health Ireland

34. Preservation of contracts

35. Records

36. Indemnity for directors of Crumlin Hospital

37. Saving for certain acts

PART 6

Transfer of employees, property, rights and liabilities of Temple Street Hospital to Children’s Health Ireland

38. Transfer of employees from Temple Street Hospital to Children’s Health Ireland

39. Transfer of property of Temple Street Hospital to Children’s Health Ireland

40. Transfer of rights and liabilities of Temple Street Hospital to Children’s Health Ireland

41. Liability for loss occurring before the commencement of this Part

42. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland

43. Preservation of contracts

44. Records

45. Indemnity for directors of Temple Street Hospital

46. Saving for certain acts

PART 7

Transfer of certain employees, property, rights and liabilities of Tallaght Hospital to Children’s Health Ireland

47. Transfer of certain employees from Tallaght Hospital to Children’s Health Ireland

48. Transfer of certain property from Tallaght Hospital to Children’s Health Ireland

49. Transfer of certain rights and liabilities of Tallaght Hospital to Children’s Health Ireland

50. Liability for loss occurring before commencement of this Part

51. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland

52. Preservation of contracts

53. Records

54. Saving for certain acts

PART 8

Transfer of certain employees, property, rights and liabilities of Executive to Children’s Health Ireland

55. Transfer of certain employees from Executive to Children’s Health Ireland

56. Transfer of certain property, rights and liabilities from Executive to Children’s Health Ireland

57. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland

58. Preservation of contracts

59. Records

PART 9

National Paediatric Hospital Development Board

60. Definitions

61. Amendment of Order

62. Transfer of certain property, rights and liabilities of Board to Children’s Health Ireland

63. Dissolution of Board

64. Liability for loss occurring before dissolution day

65. Provisions consequent upon transfer of functions, property, rights and liabilities to Executive

66. Final accounts and final annual report of Board

67. Cessation of membership of Board


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001 (No. 19)

Companies Act 1990 (No. 33)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

European Parliament Elections Act 1997 (No. 2)

Health (Miscellaneous Provisions) Act 2007 (No. 42)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 and 2006

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to 2014

Terms of Employment (Information) Acts 1994 and 2012

Terms of Employment (Information) Acts 1994 to 2012

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015


Number 27 of 2018


CHILDREN’S HEALTH ACT 2018


An Act to provide for the enhancement of children’s health services and for that purpose to establish a body to be known as Children’s Health Ireland to plan and deliver paediatric services; to provide for the transfer of employees, land, property, rights and liabilities of Our Lady’s Children’s Hospital, Crumlin to Children’s Health Ireland; to provide for the transfer of employees, property, rights and liabilities of the Children’s University Hospital, Temple Street to Children’s Health Ireland; to provide for the transfer of certain employees, property, rights and liabilities of the Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital to Children’s Health Ireland; to provide for the transfer of certain employees, property, rights and liabilities of the Health Service Executive to Children’s Health Ireland; to provide for an additional function of the National Paediatric Hospital Development Board and to transfer certain property, rights and liabilities of that Board to Children’s Health Ireland and to provide for the dissolution of that Board; and to provide for related matters.

[20th November, 2018]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title and commencement

1. (1) This Act may be cited as the Children’s Health Act 2018.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

Interpretation

2. In this Act—

“Board”, other than in Part 9 , means the Board referred to in section 12 ;

“company” has the meaning it has in the Companies Act 2014 ;

“Crumlin Hospital” means Our Lady’s Children’s Hospital, Crumlin;

“establishment day” means the day appointed under section 4 ;

“Executive” means the Health Service Executive;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 1

“hospital” means the premises and services under the governance of the body established under section 5 ;

“medical records” means records created, used and stored principally for the purposes of patient care and treatment containing data concerning health or genetic data within the meaning of the General Data Protection Regulation and any associated biological materials;

“Minister” means the Minister for Health;

“subsidiary” means a subsidiary within the meaning of section 7 of the Companies Act 2014 ;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“Tallaght Hospital” means the Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital;

“Temple Street Hospital” means the Children’s University Hospital.

Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2

Establishment and Functions of Children’s Health Ireland

Establishment day

4. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

Establishment of Children’s Health Ireland

5. (1) There shall stand established on the establishment day a body, which shall be known as Children’s Health Ireland, to perform the functions conferred on it by or under this Act.

(2) Children’s Health Ireland shall be a body corporate with perpetual succession and an official seal and shall have the power to sue and may be sued in its corporate name.

Object and functions

6. (1) The object of Children’s Health Ireland is to improve, promote and protect the health, mental health and well-being of children in a manner that embodies the values of child-centred, compassionate and progressive care provided with respect, excellence and integrity and in doing so it shall have the right and responsibility to promote the culture and traditional principles of voluntarism in the conduct of its internal and external affairs.

(2) Children’s Health Ireland shall have the following functions:

(a) to plan, conduct, maintain, manage, provide and develop...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT