Health Act, 2004

• Jurisdiction: Ireland
• Citation: IR No. 42/2004
• Year: 2004

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• Act As Enacted
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Number 42 of 2004

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HEALTH ACT 2004

REVISED

Updated to 4 August 2021

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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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the European Union (Alternative Investment Fund Managers) (Amendment) Regulations 2021 (S.I. No. 414 of 2021), made 4 August 2021, 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 42 of 2004

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HEALTH ACT 2004

REVISED

Updated to 4 August 2021

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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

Child Care Acts 1991 to 2015: this Act, s. 75 is one of a group of Acts included in this collective citation to be construed together as one (Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

• Child Care Act 1991 (17/1991)

• Children Act 2001 (24/2001), Part 2 and s. 267

• Health Act 2004 (42/2004), s. 75, in so far as it amends the Child Care Acts 1991 and 2001

• Child Care (Amendment) Act 2007 (26/2007), s. 1(3) and Part 2 s. 21, in so far as it amends the Child Care Acts 1991 and 2001

• Child Care (Amendment) Act 2011 (19/2011), other than ss. 27, 32, 33, 35, 36, 37 to 45, 47 and 49

• Child Care (Amendment) Act 2013 (5/2013)

• Children and Family Relationships Act 2015 (9/2015), s. 175

• Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Children Acts 2001 to 2021: this Act, s. 75, is one of a group of Acts included in this collective citation to be construed together as one (Children (Amendment) Act 2021 (6/2021), s. 2(2)). The Acts in this group are:

• Children Act 2001 (24/2001)

• Health Act 2004 (42/2004), s. 75, in so far as it amends the Children Act 2001

• Criminal Justice Act 2006 (26/2006), Part 12

• Child Care (Amendment) Act 2007 (26/2007), Part 3 (except s. 21)

• Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37 to 45 and 47

• Children (Amendment) Act 2015 (30/2015), Parts 1 and 2

• Children (Amendment) Act 2021 (6/2021)

Health Acts 1947 to 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), 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), s. 36 and s. 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 section 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)

• 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 (s. 5)

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)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 2 (s. 4)

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

• Data Protection Act 2018 (7/2018)

• Workplace Relations Act 2015 (16/2015)

• Freedom of Information Act 2014 (30/2014)

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

• Protected Disclosures Act 2014 (14/2014)

• Local Government Reform Act 2014 (1/2014)

• Child and Family Agency Act 2013 (40/2013)

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

• Nurses and Midwives Act 2011 (41/2011)

• Child Care (Amendment) Act 2011 (19/2011)

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

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

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

• Health (Miscellaneous Provisions) Act 2007 (42/2007)

• Medical Practitioners Act 2007 (25/2007)

• Health Act 2007 (23/2007)

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

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Health Act 2004 (Section 40H) (Relevant Day) Order 2019 (S.I. No. 412 of 2019)

• Health Act 2004 (Complaints) (Amendment) Regulations 2018 (S.I. No. 519 of 2018)

• Commission of Investigation (Certain matters relative to a disability service in the South East and related matters) Order 2017 (S.I. No. 96 of 2017)

• Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014)

• Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Health Service Executive Employee Superannuation Scheme 2010 (S.I. No. 362 of 2010)

• Health Act 2004 (National Health Consultative Forum) Order 2006...