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Number 42 of 2004
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HEALTH ACT 2004
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary Matters
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Section
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1.
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Short title, collective citation and construction.
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2.
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Interpretation.
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3.
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Commencement.
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4.
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Establishment day.
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5.
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Expenses.
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PART 2
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Establishment and Functions of the Health Service Executive
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6.
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Establishment of Executive.
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7.
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Object and functions of Executive.
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8.
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Agreements between Executive and public authorities concerning performance of functions.
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9.
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Informal arrangements between Executive and local authorities concerning performance of functions.
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10.
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Directions from Minister.
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PART 3
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The Board of the Health Service Executive
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11.
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Membership of Board.
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12.
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Role of Board.
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13.
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Conditions of office.
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14.
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Removal of members from office.
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15.
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Committees of Board.
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16.
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Remuneration and expenses of members of Board and committees.
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PART 4
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Chief Executive Officer
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17.
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Appointment of chief executive officer.
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18.
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Functions of chief executive officer and their performance by deputy.
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19.
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Delegation of functions.
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20.
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Chief executive officer to be accounting officer.
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21.
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Attendance of chief executive officer before Oireachtas Committees.
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PART 5
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Employees and Advisers
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22.
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Employees of Executive.
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23.
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Superannuation.
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24.
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Advisers.
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PART 6
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Standards and Disqualifications
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25.
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Standards of integrity.
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26.
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Unauthorised disclosure of confidential information.
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27.
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Disqualification resulting from membership of either House of Oireachtas, European Parliament or local authority.
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PART 7
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Accountability
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28.
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Interpretation (Part 7).
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29.
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Executive to prepare and submit corporate plan for Minister's approval.
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30.
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Publication and implementation of approved corporate plan.
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31.
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Executive to prepare and submit service plan for Minister's approval.
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32.
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Amendment of approved service plan.
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33.
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Implementation of approved service plan.
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34.
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Minister's permission needed for major capital spending.
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35.
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Code of governance.
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36.
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Accounts of Executive.
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37.
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Annual report.
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38.
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Arrangements with service providers.
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39.
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Assistance for certain bodies.
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40.
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Gifts.
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PART 8
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Public Representation and User Participation
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41.
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National Health Consultative Forum.
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42.
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Regional health forums.
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43.
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Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.
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44.
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Other advisory panels to be established on Minister's direction.
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PART 9
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Complaints
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45.
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Definitions (Part 9).
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46.
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Who may make complaints.
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47.
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Time limit for making complaints.
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48.
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Matters excluded from right to complain.
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49.
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Complaint and review procedures to be established.
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50.
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Refusal to investigate or further investigate complaints.
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51.
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Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.
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52.
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Adherence to complaint and review procedures to be condition of arrangements with service providers.
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53.
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Minister to make regulations for purposes of this Part.
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54.
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Referral of complaints to Ombudsman or Ombudsman for Children.
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55.
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Annual report to include report on complaints and reviews.
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PART 10
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Dissolution of Certain Health Bodies and the Transfer of their Functions and Employees, etc., to the Executive
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56.
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Definitions (Part 10).
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57.
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Dissolution of Comhairle na nOspidéal and transfer of its functions.
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58.
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Dissolution of health boards and other specified bodies.
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59.
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Transfer of functions of specified bodies to Executive.
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60.
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Transfer of employees of specified bodies to Executive.
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61.
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Transfer of pension liabilities relating to former employees of specified bodies.
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62.
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Transfer of property and liabilities to Executive.
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63.
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Preservation of contracts, etc., and adaptation of references.
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64.
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Pending legal proceedings.
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65.
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Preservation of orders, notices, rules, records, etc.
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66.
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References to specified bodies.
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67.
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Functional areas of dissolved health boards.
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68.
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References to chief executives of dissolved health boards.
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69.
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References to deputy chief executives of dissolved health boards.
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70.
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Dissolution of bodies established under Health (Corporate Bodies) Act 1961.
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71.
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Final accounts of specified bodies and other dissolved bodies.
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72.
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Executive to prepare final annual report for specified bodies and other dissolved bodies.
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PART 11
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Repeals, Transitional Provisions and Amendment of Other Acts
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73.
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Repeals and revocations.
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74.
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Savings and transitional provisions.
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75.
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Amendment of other Acts.
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PART 12
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Miscellaneous Provisions
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76.
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Effect of delegation and subdelegation of functions.
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77.
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Certificate evidence concerning delegation of functions.
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78.
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General power to make regulations and orders.
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79.
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Regulations relating to members of either House of Oireachtas.
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80.
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Laying of regulations and orders before Houses of Oireachtas.
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SCHEDULE 1
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Acts Referred to in Definition of Health and Personal Social Services
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SCHEDULE 2
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Miscellaneous Provisions Relating to the Executive and the Board
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SCHEDULE 3
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Transfer of Functions and References to Functional Areas
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SCHEDULE 4
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Repeals and Revocations
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SCHEDULE 5
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Savings and Transitional Provisions
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SCHEDULE 6
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Amendment of Other Acts
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SCHEDULE 7
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Acts Referred to
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Adoption Act 1952
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1952, No. 25
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Adoption Act 1988
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1988, No. 30
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Adoption Act 1991
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1991, No. 14
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Adoption Act 1998
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1998, No. 10
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Adoption Acts 1952 to 1988
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Adoption Acts 1952 to 1998
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Adoptive Leave Act 1995
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1995, No. 2
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Births and Deaths Registration Acts l863 to 1996
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Blind Persons Act 1920
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1920, c.49
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Carer's Leave Act 2001
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2001, No. 19
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Child Abduction and Enforcement of Custody Orders Act 1991
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1991, No. 6
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Child Care Act 1991
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1991, No. 17
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Child Care Acts 1991 and 2001
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Children Act 1997
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1997, No. 40
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Children Act 2001
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2001, No. 24
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Children Acts 1908 and 1989
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Civil Registration Act 2004
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2004, No. 3
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Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997
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1997, No. 17
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Companies Act 1990
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1990, No. 33
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Comptroller and Auditor General Acts 1866 to 1998
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Comptroller and Auditor General (Amendment) Act 1993
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1993, No. 8
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Data Protection Acts 1988 and 2003
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Dentists Act 1985
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1985, No. 9
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Domestic Violence Act 1996
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1996, No. 1
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Domestic Violence Acts 1996 and 2002
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Education Act 1998
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1998, No. 51
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Education (Welfare) Act 2000
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2000, No. 22
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Education for Persons with Special Educational Needs Act 2004
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2004, No. 30
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Ethics in Public Office Act 1995
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1995, No. 22
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European Communities Act 1972
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1972, No. 27
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European Parliament Elections Act 1997
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1997, No. 2
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Family Law Act 1995
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1995, No. 26
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Family Law (Miscellaneous Provisions) Act 1997
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1997, No. 18
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Family Law (Maintenance of Spouses and Children) Act 1976
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1976, No. 11
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Finance Acts 1989 to 2002
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Freedom of Information Act 1997
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1997, No. 13
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Freedom of Information Acts 1997 and 2003
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Food Safety Authority of Ireland Act 1998
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1998, No. 29
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Guardianship of Infants Act 1964
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1964, No. 7
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Harbours Act 1946
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1946, No. 9
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Health Act 1947
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1947, No. 28
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Health Act 1953
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1953, No. 26
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Health Act 1970
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1970, No. 1
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Health Acts 1947 to 1953
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Health Acts 1947 to 2001
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Health (Amendment) Act 2004
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2004, No. 19
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Health (Amendment) (No. 3) Act 1996
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1996, No. 32
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Health (Corporate Bodies) Act 1961
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1961, No. 27
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Health (Eastern Regional Health Authority) Act 1999
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1999, No. 13
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Health (Miscellaneous Provisions) Act 2001
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2001, No. 14
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Health (Nursing Homes) Act 1990
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1990, No. 23
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Housing Act 1988
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1988, No. 28
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Housing Acts 1966 to 2002
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Housing (Miscellaneous Pro visions) Act 1997
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1997, No. 21
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Housing (Traveller Accommodation) Act 1998
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1998, No. 33
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Immigration Act 1999
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1999, No. 22
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Immigration Act 2003
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2003, No. 26
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International Carriage of Perishable Foodstuffs Act 1987
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1987, No. 20
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Irish Medicines Board Act 1995
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1995, No. 29
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Licensing of Indoor Events Act 2003
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2003, No. 15
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Local Authorities (Officers and Employees) Act 1926
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1926, No. 39
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Local Government Act 2001
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2001, No. 37
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Maternity Protection Act 1994
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1994, No. 34
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Marriages (Ireland) Act 1844
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1844, c. 81
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Medical Practitioners Acts 1978 to 2002
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Mental Health Act 2001
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2001, No. 25
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Mental Health Acts 1945 to 2001
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Minimum Notice and Terms of Employment Acts 1973 to 2001
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Misuse of Drugs Act 1977
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1977, No. 12
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Misuse of Drugs Act 1984
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1984, No. 18
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Misuse of Drugs Acts 1977 and 1984
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National Beef Assurance Scheme Act 2000
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2000, No. 2
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National Development Finance Agency Act 2002
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2002, No. 29
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Notification of Births Acts 1907 and 1915
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Nurses Act 1985
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1985, No. 18
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Ombudsman Act 1980
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1980, No. 26
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Ombudsman Acts 1980 to 1984
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Ombudsman for Children Act 2002
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2002, No. 22
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Organisation of Working Time Act 1997
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1997, No. 20
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Parental Leave Act...
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