Health Act 2004

Inhalt

1. Art. 1 Short title, collective citation and construction.
2. Art. 2 Interpretation.
3. Art. 3 Commencement.
4. Art. 4 Establishment day.
5. Art. 5A 5 Expenses.
6. Art. 6 Establishment of Executive.
7. Art. 7 Object and functions of Executive.
8. Art. 8 Agreements between Executive and public authorities concerning performance of functions.
9. Art. 9 Informal arrangements between Executive and local authorities concerning performance of functions.
10. Art. 10 Directions from Minister.
11. Art. 10A Setting of priorities by Minister.
12. Art. 10AA Health needs assessment
13. Art. 10B Limitation as to exercise of powers under sections 10 and 10A.
14. Art. 10C Directions from Minister for Children, Equality, Disability, Integration and Youth
15. Art. 11 Membership of Board. Role of Board.
16. Art. 12 Role of Board.
17. Art. 13 Condition of office
18. Art. 14 Removal of members from office
19. Art. 15 Committees of Board
20. Art. 16 Remuneration and expenses of members of Board and committees.
21. Art. 16A Directorate of Executive.
22. Art. 16B Term of office of appointed director.
23. Art. 16C Role of Directorate.
24. Art. 16D Appointed directors — eligibility for appointment and removal from office.
25. Art. 16E Appointment of Director General.
26. Art. 16E Eligibility for appointment as Director General.
27. Art. 16G General functions of Director General.
28. Art. 16H Delegation of functions by Director General.
29. Art. 16I Attendance by Director General before Oireachtas Committees.
30. Art. 16J Accountability of appointed directors to Director General for the performance of their functions as employees of Executive.
31. Art. 16K Meetings and procedure of Directorate.
32. Art. 16L Vacancies in membership of Directorate.
33. Art. 16M Committees of Directorate.
34. Art. 16N Membership of Board
35. Art. 16O Casual vacancies
36. Art. 16P Functions of Board
37. Art. 16Q Membership of either House of Oireachtas or European Parliament
38. Art. 16R Removal of member of Board
39. Art. 16S Removal of all members of Board from office
40. Art. 16T Committees of Board
41. Art. 16U Remuneration and expenses of members of Board and committees
42. Art. 17 Appointment of chief executive officer.
43. Art. 18 Functions of chief executive officer and their performance by deputy.
44. Art. 19 Delegation of functions.
45. Art. 20 Chief executive officer to be accounting officer.
46. Art. 21 Attendance of chief executive officer before Oireachtas Committees.
47. Art. 21A Appointment of chief executive officer
48. Art. 21B Resignation, removal or disqualification of chief executive officer
49. Art. 21C Functions of chief executive officer
50. Art. 21D Delegation and subdelegation of functions
51. Art. 21E Accountability of chief executive officer to committees of Houses of Oireachtas
52. Art. 21F Membership of either House of Oireachtas or European Parliament
53. Art. 21G Acting chief executive officer
54. Art. 22 Employees of Executive.
55. Art. 23 Superannuation.
56. Art. 24 Advisers.
57. Art. 25 Standards of integrity.
58. Art. 26 Unauthorised disclosure of confidential information.
59. Art. 27 Disqualification resulting from membership of either House of Oireachtas, European Parliament of local authority.
60. Art. 28 Interpretation.
61. Art. 29 Executive to prepare and submit corporate plan for Minister's approval.
62. Art. 30 Publication and implementation of approved corporate plan.
63. Art. 30A Minister to determine net non-capital expenditure of Executive
64. Art. 30B Minister for Children, Equality, Disability, Integration and Youth to determine net non‑capital expenditure of Executive
65. Art. 31 Executive to prepare and submit service plan for Minister's approval.
66. Art. 32 Amendment of approved service plan.
67. Art. 33 Implementation of approved service plan.
68. Art. 33A Power of Minister to make grants to Executive
69. Art. 33B Determination by Minister of capital funding and submission by Executive of capital plans
70. Art. 34 Minister's permission needed for major capital spending.
71. Art. 34A Functions of Director General under this Part
72. Art. 34B Appearance of Director General before Committee of Public Accounts
73. Art. 35 Code of governance.
74. Art. 36 Accounts of Executive.
75. Art. 37 Annual report.
76. Art. 38 Arrangements with service providers.
77. Art. 39 Assistance for certain bodies.
78. Art. 40 Gifts.
79. Art. 40A Definition.
80. Art. 40B Duty of Executive to furnish information.
81. Art. 40C Requirement to furnish information and documents.
82. Art. 40D Minister may share information and documents in certain circumstances.
83. Art. 40E Use of information and documents.
84. Art. 40F Saver.
85. Art. 40G Director General to be accounting officer of Executive for specified period.
86. Art. 40H Audit committee.
87. Art. 40HA Provisions supplementary to section 40H
88. Art. 40I Functions of audit committee.
89. Art. 41 National Health Consultative Forum.
90. Art. 42 Regional health forums.
91. Art. 43 Mechanisms (including advisory panels) to enable Executive to consult with local communities and others.
92. Art. 44 Other advisory panels to be established on Minister's direction.
93. Art. 45 Definitions (Part 9).
94. Art. 46 Who may make complaints.
95. Art. 47 Time limit for making complaints.
96. Art. 48 Matters excluded from right to complain.
97. Art. 49 Complaint and review procedures to be established.
98. Art. 50 Refusal to investigate or further investigate complaints.
99. Art. 51 Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations.
100. Art. 52 Adherence to complaint and review procedures to be condition of arrangements with service providers.
101. Art. 53 Minister to make regulations for purposes of this Part.
102. Art. 54 Referral of complaints to Ombudsman or Ombudsman for Children.
103. Art. 55 Annual report to include report on complaints and reviews.
104. Art. 55A Definition of expressions in this Part.
105. Art. 55B Protected disclosure of information by an employee of a relevant body.
106. Art. 55C Protected disclosure of information by an employee of a designated centre.
107. Art. 55D Protected disclosure of information by an employee of a mental health service provider.
108. Art. 55E Protected disclosure of information in relation to regulated professions.
109. Art. 55F Applications and complaints about health professionals to be protected disclosures.
110. Art. 55G Protected disclosure of information: monitoring, investigations and inspections.
111. Art. 55H Duty of relevant body to establish procedures.
112. Art. 55I Adherence to procedures governing protected disclosure of information to be a condition of arrangements made by the Executive.
113. Art. 55J Duties in respect of protected disclosures.
114. Art. 55K Disclosure to a Scheduled body.
115. Art. 55L Protection from civil liability of persons who have made a protected disclosure.
116. Art. 55M Protection of employees from penalisation for having made a protected disclosure.
117. Art. 55N Proceedings before Labour Court.
118. Art. 55O Enforcement of determinations of Labour Court.
119. Art. 55P Evidence of failure to attend before or give evidence or produce documents to Labour Court.
120. Art. 55Q Interpretation of ‘penalise’.
121. Art. 55R Continuity of employer’s business.
122. Art. 55S Making false reports.
123. Art. 55T Saver.
124. Art. 56 Definitions (Part 10).
125. Art. 57 Dissolution of Comhairle na nOspidéal and transfer of its functions.
126. Art. 58 Dissolution of health boards and other specified bodies.
127. Art. 59 Transfer of functions of specified bodies to Executive.
128. Art. 60 Transfer of employees of specified bodies to Executive.
129. Art. 61 Transfer of pension liabilities relating to former employees of specified bodies.
130. Art. 62 Transfer of property and liabilities to Executive.
131. Art. 63 Preservation of contracts, etc., and adaptation of references.
132. Art. 64 Pending legal proceedings.
133. Art. 65 Preservation of orders, notices, rules, records, etc.
134. Art. 66 References to specified bodies.
135. Art. 67 Functional areas of dissolved health boards.
136. Art. 68 References to chief executives of dissolved health boards.
137. Art. 69 References to deputy chief executives of dissolved health boards.
138. Art. 70 Dissolution of bodies established under Health (Corporate Bodies) Act 1961.
139. Art. 71 Final accounts of specified bodies and other dissolved bodies.
140. Art. 72 Executive to prepare final annual report for specified bodies and other dissolved bodies.
141. Art. 73 Repeals and revocations.
142. Art. 74 Savings and transitional provisions.
143. Art. 75 Amendment of other Acts.
144. Art. 76 Effect of delegation and subdelegation of functions.
145. Art. 77 Certificate evidence concerning delegation of functions.
146. Art. 78 General power to make regulations and orders.
147. Art. 79 Regulations relating to members of either House of Oireachtas.
148. Art. 80 Laying of regulations and orders before Houses of Oireachtas.
149. Art. 81 Savers
150. Art. 82 Offences
151. Art. 83 References to Board and chief executive officer