HEALTH SERVICE EXECUTIVE (GOVERNANCE) ACT 2013

• Jurisdiction: Ireland

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Number 23 of 2013

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HEALTH SERVICE EXECUTIVE (GOVERNANCE) ACT 2013

REVISED

Updated to 28 June 2019

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This Revised Act is an administrative consolidation of the Health Service Executive (Governance) Act 2013. 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 Health Service Executive (Governance) Act 2019 (17/2019), enacted 5 June 2019, and all statutory instruments up to and including the Health Service Executive (Governance) Act 2019 (Commencement) Order 2019 (S.I. No. 283 of 2019), made 27 June 2019, 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 23 of 2013

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HEALTH SERVICE EXECUTIVE (GOVERNANCE) ACT 2013

REVISED

Updated to 28 June 2019

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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 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Health Service Executive (Governance) Act 2019 (17/2019), s. 1(3)). 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)

• 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

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

All Acts up to and including Health Service Executive (Governance) Act 2019 (17/2019), enacted 5 June 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including Health Service Executive (Governance) Act 2019 (Commencement) Order 2019 (S.I. No. 283 of 2019), made 27 June 2019, were considered in the preparation of this revision.

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Number 23 of 2013

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HEALTH SERVICE EXECUTIVE (GOVERNANCE) ACT 2013

REVISED

Updated to 28 June 2019

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Acts Referred to

Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Comptroller and Auditor General Acts 1866 to 1998
Ethics in Public Office Act 1995	1995, No. 22
European Parliament Elections Act 1997	1997, No. 2
Exchequer and Audit Departments Act 1866	29 & 30 Vict., c. 39
Health Act 2004	2004, No. 42
Health Acts 1947 to 2011
Public Service Management (Recruitment and Appointments) Act 2004	2004, No. 33
Standards in Public Office Act 2001	2001, No. 31

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Number 23 of 2013

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HEALTH SERVICE EXECUTIVE (GOVERNANCE) ACT 2013

REVISED

Updated to 28 June 2019

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AN ACT TO AMEND THE HEALTH ACT 2004 AND TO PROVIDE FOR RELATED MATTERS.

[3rd July, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary Matters

1.

Short title, collective citation, construction and commencement.

1.— (1) This Act may be cited as the Health Service Executive (Governance) Act 2013.

(2) The Health Acts 1947 to 2011 and this Act may be cited together as the Health Acts 1947 to 2013 and shall be construed together as one.

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

2.

Definitions.

2.— In this Act—

“Act of 2004” means the Health Act 2004;

“Minister” means the Minister for Health.

3.

Repeals.

3.— Parts 3 and 4, and sections 68 and 69, of the Act of 2004 are repealed.

PART 2

Amendment of Health Act 2004

4.

Amendment of section 2 of Act of 2004.

4.— Section 2(1) of the Act of 2004 is amended by inserting the following:

“ ‘appointed director’ means a member of the Directorate appointed under section 16A;

‘Directorate’ means the Directorate established under section 16A;

‘Director General’ means the person holding the office ofDirector General appointed pursuant to section 16E;”.

5.

Amendment of section 10 of Act of 2004.

5.— Section 10 of the Act of 2004 is amended—

(a) by substituting the following for subsection (1):

“(1) The Minister may issue general written directions to the Executive—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister, or

(c) concerning the implementation of any policy or objective of the Minister or the Government which relates to a function of the Executive, where the Minister is of the opinion that the Executive is not having sufficient regard to such policy or objective in the performance of its functions.”,

and

(b) by inserting the following subsection after subsection (6):

“(7) The Director General shall inform the Minister of the measures taken by the Executive to comply...