Health Act 1970

• Enactment Date: 24 February 1970
• Act Number: 1

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Number 1 of 1970

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HEALTH ACT 1970

REVISED

Updated to 17 April 2023

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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 Sex Offenders (Amendment) Act 2023 (9/2023), enacted 5 April 2023, and all statutory instruments up to and including the Avian Influenza (Precautionary Confinement of Birds) Regulations 2022 (Revocation) Regulations 2023 (S.I. No. 179 of 2023), made 13 April 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.

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Number 1 of 1970

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HEALTH ACT 1970

REVISED

Updated to 17 April 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Health Acts 1947 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), s. 1(2)). The Acts in this group are:

• Health Act 1947 (28/1947)

• Health Act 1953 (26/1953) (citation only)

• Health (Fluoridation of Water Supplies) Act 1960 (46/1960) (citation only)

• Health Act 1970 (1/1970)

• Misuse of Drugs Act 1977 (12/1977), ss. 36 and 42 in so far as it amends the Health Acts 1947 to 1970 (citation only)

• Health (Family Planning) Act 1979 (20/1979)

• Health (Amendment) Act 1986 (10/1986)

• Health (Amendment) Act 1987 (3/1987)

• Health (Nursing Homes) Act 1990 (23/1990)

• Health (Amendment) Act 1991 (15/1991), other than s. 8

• Health (Amendment) Act 1994 (11/1994)

• Health (Amendment) Act 1996 (15/1996)

• Health (Amendment) (No. 2) Act 1996 (23/1996)

• Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22

• Health (Provision of Information) Act 1997 (9/1997)

• Health (Eastern Regional Health Authority) Act 1999 (13/1999)

• Health (Miscellaneous Provisions) Act 2001 (14/2001), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988 (citation only)

• Health Act 2004 (42/2004)

• Health (Amendment) Act 2005 (3/2005), in so far as it amends the Health Acts 1947 to 2004

• Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5

• Health (Repayment Scheme) Act 2006 (17/2006)

• Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), except s. 6

• Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

• Health Act 2007 (23/2007)

• Medical Practitioners Act 2007 (25/2007), s. 57(9) (citation only)

• Health Act 2008 (21/2008)

• Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64

• Health (Amendment) Act 2010 (15/2010) (citation only)

• Health (Amendment) (No. 2) Act 2010 (20/2010)

• Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36 (citation only)

• Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

• Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30 (citation only)

• Health Service Executive (Governance) Act 2013 (23/2013)

• Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013) (citation only)

• Local Government Reform Act (1/2014), the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in s. 5(6) and sch. 2, part 6.

• Health Service Executive (Financial Matters) Act 2014 (17/2014)

• Health (General Practitioner Service) Act 2014 (28/2014)

• Health (General Practitioner Service) Act 2015 (19/2015)

• Health (General Practitioner Service) Act 2018 (13/2018)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 2

• Health Service Executive (Governance) Act 2019 (17/2019), other than Part 3

• Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), Part 2

• Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022), other than s. 7

Acts previously included in the group but now repealed are:

• Health Act 1954 (23/1954)

• Health and Mental Treatment Act 1957 (16/1957), s. 1

• Health and Mental Treatment (Amendment) Act 1958 (37/1958), s.1

• Health (Homes For Incapacitated Persons) Act 1964 (8/1964)

• Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1

• Health (Mental Services) Act 1981 (17/1981)

• Health (Family Planning) (Amendment) Act 1985 (4/1985)

• Health (Amendment) Act 2004 (19/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Health (Amendment) Act 2023 (7/2023)

• Health (Miscellaneous Provisions) (No. 2) Act 2022 (20/2022)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)

• Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020 (11/2020)

• Health Service Executive (Governance) Act 2019 (17/2019)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019)

• Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018)

• Health (General Practitioner Service) Act 2018 (13/2018)

• Health (Amendment) Act 2017 (5/2017)

• Health Insurance (Amendment) Act 2015 (54/2015)

• Health (General Practitioner Service) Act 2015 (19/2015)

• Redress for Women Resident in Certain Institutions Act 2015 (8/2015)

• Health (Miscellaneous Provisions) Act 2014 (33/2014)

• Health (General Practitioner Service) Act 2014 (28/2014)

• Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 (42/2013)

• Health (Amendment) Act 2013 (31/2013)

• Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)

• Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

• Health (Amendment) (No. 2) Act 2010 (20/2010)

• Nursing Homes Support Scheme Act 2009 (15/2009)

• Health Act 2008 (21/2008)

• Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

• Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006)

• Health (Amendment) Act 2005 (3/2005)

• Health Act 2004 (42/2004)

• Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

• Health (Amendment) Act 2004 (19/2004)

• Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

• Local Government Act 2001 (37/2001)

• Health (Miscellaneous Provisions) Act 2001 (14/2001)

• Health (Eastern Regional Health Authority) Act 1999 (13/1999)

• Health (Amendment) (No. 2) Act 1996 (23/1996)

• Social Welfare Act 1996 (7/1996)

• Local Government (Dublin) Act 1993 (31/1993)

• Social Welfare (Consolidation) Act 1993 (27/1993)

• Comptroller and Auditor General (Amendment) Act 1993 (8/1993)

• Health (Amendment) Act 1991 (15/1991)

• Social Welfare Act 1991 (7/1991)

• Health (Nursing Homes) Act 1990 (23/1990)

• Status of Children Act 1987 (26/1987)

• Health (Amendment) Act 1987 (3/1987)

• Local Authorities (Officers and Employees) Act 1983 (1/1983)

• Local Government (Superannuation) Act 1980 (8/1980)

• Misuse of Drugs Act 1977 (12/1977)

• Social Welfare (Supplementary Welfare Allowances) Act 1975 (28/1975)

All Acts up to and including the Sex Offenders (Amendment) Act 2023 (9/2023), enacted 5 April 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022)

• Health Act 1970 (Section 67E) (Prescription of Further Age to Whom Contraceptive Services Will Be Made Available Without Charge) Regulations 2022 (S.I. No. 675 of 2022)

• Health Act 1970 (Section 67E) (Payments in respect of Contraception Services) Regulations 2022 (S.I. No. 451 of 2022)

• Health Services (Amendment) Regulations 2022 (S.I. No....