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Health (Amendment) Act 2004
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Amendment of section 6 of Act of 1996.

11.—Section 6 of the Act of 1996 is amended by—

(a) the substitution of the following subsection for subsection (3):

“(3) If a service plan is not submitted to the Minister in accordance with subsection (1), the Minister may, by direction in writing, require the chief executive officer of the health board concerned to submit a service plan to him or her—

(a) not later than 10 days from the receipt of the direction by the chief executive officer, or

(b) not later than such earlier date as may be specified in the direction,

and the chief executive officer of that health board shall comply with any such direction.”,

(b) the substitution, in subsection (1), of “make” for “adopt”, and

(c) the substitution, in subsection (6), of the words “direct the chief executive officer to make modifications to the service plan and the chief executive officer shall comply with any such direction” for “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”,

and the said subsections (1) and (6) as so amended are set out in the Table to this section.

TABLE

(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, make and submit to the Minister a service plan.

(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 chief executive officer to make modifications to the service plan and the chief executive officer shall comply with any such direction.