Health (Amendment) (No. 3) Act, 1996

Adoption of a service plan by a health board.

6.—(1) Subject to section 7 (1) (a), a health board shall, within—

(a) 42 days, or

(b) such shorter period not being less than 21 days as the Minister may direct in any particular case,

of the receipt by the board of a determination, adopt and submit to the Minister a service plan.

(2) A service plan shall be prepared in such form and shall contain such information as may be specified by the Minister from time to time and, without prejudice to the generality of the foregoing, shall—

(a) include a statement of the services to be provided by the health board and estimates of the income and expenditure of the board for the period to which the plan relates, and

(b) be consistent with the financial limits determined by the Minister under section 5 .

(3) If a service plan is not submitted by a health board in accordance with subsection (1), the Minister may direct the board to submit a service plan to him or her within such period not exceeding 10 days from the receipt of the direction as may be specified therein.

(4) Where a health board fails to submit a service plan to the Minister in accordance with the provisions of subsection (1), or pursuant to a direction under subsection (3), the Minister may direct the chief executive officer to prepare and submit a service plan to him or her within 10 days of the receipt of the direction and the chief executive officer shall comply with any such direction.

(5) A service plan submitted by the chief executive officer under subsection (4) shall be deemed to have been adopted and submitted by the relevant health board.

(6) Where in the opinion of the Minister the service plan of a health board—

(a) does not contain such information as was specified under subsection (2),

(b) proposes net expenditure which exceeds the net expenditure as determined by the Minister, or

(c) is not in accordance with the policies and objectives of the Minister or of the Government in so far as they relate to the functions of the board,

the Minister may, not later than 21 days after the receipt by him or her of the service plan, direct the health board or, in the case of a service plan submitted in accordance with subsection (4), the chief executive officer, to make modifications to the service plan and the board or the chief executive officer, as the case may be, shall comply with any such direction.

(7) Subject to subsection (5), the adoption of a service plan under this section shall be a reserved function.