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

Cited as:IR No. 8/2019
Jurisdiction:Ireland


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

2019 8

An Act to make provision for certain matters consequent on the withdrawal of the United Kingdom from membership of the European Union, and— A. in the event of that withdrawal occurring without an agreement between the United Kingdom and the European Union under Article 50 of the Treaty on European Union setting out the arrangements for such withdrawal, to make exceptional provision, in the public interest and having regard to the Common Travel Area between the State and the United Kingdom, to reduce the possibility of a serious disturbance in the economy of the State and in the sound functioning of a number of markets, sectors and fields in the State as a result of withdrawal and to mitigate, where practicable, the effects of such a disturbance should it occur in those circumstances, and B. in the event of that withdrawal occurring in circumstances where there is an agreement (setting out the arrangements for such withdrawal) between the United Kingdom and the European Union under Article 50 of the Treaty on European Union, to adapt references in enactments to a Member State of the European Union so that those references include or continue to include, in so far as is necessary to give effect to the terms of such agreement, references to the United Kingdom, and, for those purposes, to amend certain enactments; And to amend the Immigration Act 1999, the Immigration Act 2003 and the Immigration Act 2004 to make further provision in relation to the entry into, and removal from, the State of persons; And to provide for related matters.

[17 March 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, collective citations and construction

1 Short title, collective citations and construction

(1) This Act may be cited as the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019.

(2) The Health Acts 1947 to 2018 and Part 2 may be cited together as the Health Acts 1947 to 2019.

(3) The Industrial Development Acts 1986 to 2014 and Part 3 may be cited together as the Industrial Development Acts 1986 to 2019.

(4) The Social Welfare Acts and Part 11 shall be construed together as one Act.

(5) The Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012 and Part 12 may be cited together as the Protection of Employees (Employers’ Insolvency) Acts 1984 to 2019 and shall be construed together as one Act.

(6) The Extradition Acts 1965 to 2012 and Part 13 may be cited together as the Extradition Acts 1965 to 2019.

S-2 Commencement

2 Commencement

(1) (a) Parts 1 and 15 shall come into operation on such day or days as the Minister for Foreign Affairs and Trade 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 different provisions.

(b)

Part 2 shall come into operation on such day or days as the Minister for Health 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 different provisions.

(c)

Part 3 shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation 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 different provisions.

(d)

Part 4 shall come into operation on such day or days as the Minister for Communications, Climate Action and Environment 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 different provisions.

(e)

Part 5 shall come into operation on such day or days as the Minister for Education and Skills 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 different provisions.

(f)

Parts 6, 7 and 8 shall come into operation on such day or days as the Minister for Finance 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 different provisions.

(g)

Parts 9 and 10 shall come into operation on such day or days as the Minister for Transport, Tourism and Sport 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 different provisions.

(h)

Parts 11 and 12 shall come into operation on such day or days as the Minister for Employment Affairs and Social Protection 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 different provisions.

(i)

Parts 13 and 14 shall come into operation on such day or days as the Minister for Justice and Equality 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 different provisions.

(2) A power under this section to appoint a day on which a Part (or a provision thereof) shall come into operation, whether generally or otherwise, includes a power to appoint a particular time, on a particular day, at which the Part (or provision thereof) shall come into operation, whether generally or otherwise, and, accordingly, where a time is so appointed, the Part concerned (or provision thereof) shall come into operation at that time, whether generally or otherwise.

S-3 Expenses

3 Expenses

3. The expenses incurred by the Minister for Foreign Affairs and Trade in the administration of this Act, and by any other Minister of the Government in the administration of any other Act in so far as that other Act is amended by 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.

2 Arrangements in relation to health services

PART 2

Arrangements in relation to health services

S-4 Arrangements in relation to health services

4 Arrangements in relation to health services

4. The Health Act 1970 is amended by the insertion of the following Part after Part IV:

“PART IVA

Arrangements in relation to health services

Arrangements in relation to health services

75A. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to continue in being or carry out any reciprocal or other arrangements in relation to health services which were in operation between the State and the United Kingdom immediately before the withdrawal of the United Kingdom from membership of the European Union.

(2) An order under subsection (1) may specify—

(a) the category or categories of persons to whom the order applies, and

(b) the category or categories of health services to which the order applies.

(3) When making an order under subsection (1) the Minister shall have regard to the following:

(a) the policies and objectives of the Government to enable arrangements in relation to health services to be maintained after the withdrawal of the United Kingdom from membership of the European Union;

(b) the desirability, in the public interest, of preserving existing arrangements in relation to access to health services in the United Kingdom, in particular the desirability of maintaining access to medically necessary health services;

(c) the need to ensure the most beneficial, effective and efficient use of resources;

(d) the policies and objectives of the Government to protect and improve the health and welfare of the public.

(4) In this section, ‘arrangements in relation to health services’ means arrangements between the State and the United Kingdom in respect of the provision of—

(a) access to health services in the State, and

(b) reciprocal access to health services in the United Kingdom.

Regulations to give full effect to this Part

75B. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, and having regard to the matters specified in section 75A(3), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:

(a) the arrangements that shall apply with regard to assessing such classes of persons, including persons residing outside the State, as may be specified, in relation to access to health services in the State;

(b) the arrangements that shall apply with regard to assessing, where appropriate (including by reference to such qualifying criteria as may be specified) such classes of persons, as may be specified, in relation to access to planned health services in the United Kingdom;

(c) the arrangements to be administered by the Health Service Executive to ensure access to planned health services in the United Kingdom;

(d) the arrangements to be administered by the Health Service Executive to ensure access to health services in the State by persons from the United Kingdom;

(e) the duties on healthcare providers and healthcare professionals to provide such information as may be prescribed in relation to the health services that they provide to persons from the United Kingdom;

(f) the method by which payments in respect of health services provided in the United Kingdom are to be calculated and the manner in which such payments will be made by the Health Service Executive to the United Kingdom;

(g) the charging by the Health Service Executive for the...

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