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Number 23 of 2007
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HEALTH ACT 2007
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary Matters
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Section
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1. Short title, collective citation and construction.
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2. Interpretation.
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3. Commencement.
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4. Establishment day.
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5. Expenses.
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PART 2
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Health Information and Quality Authority
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6. Establishment of Health Information and Quality Authority.
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7. Object of the Authority.
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8. Functions of Authority.
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9. Investigations by Authority.
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10. Standards set by Authority.
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11. Admissibility of standards in court proceedings.
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12. Provision of information to Authority.
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PART 3
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Board of the Authority
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13. Membership of Board.
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14. Role of Board.
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15. Conditions of office.
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16. Resignations and casual vacancies.
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17. Removal of members from office.
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18. Meetings and procedures of Board.
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19. Committees of Board.
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20. Remuneration and expenses of members of Board and committees.
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PART 4
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Chief Executive Officer of the Authority
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21. Chief executive officer of Authority.
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22. Functions of chief executive officer.
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23. Delegation of functions of chief executive officer.
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24. Accountability of chief executive officer to Committee of Public Accounts.
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25. Accountability of chief executive officer to other Oireachtas Committees.
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PART 5
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Employees and Advisers
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26. Employees of Authority.
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27. Superannuation.
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28. Advisers.
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PART 6
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Accountability and Funding of Authority
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29. Directions to Authority.
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30. Corporate plan of Authority.
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31. Determination by Minister of net expenditure limits for Authority.
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32. Grants to Authority.
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33. Submission of business plan.
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34. Code of governance.
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35. Accounts of Authority.
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36. Gifts.
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37. Annual report.
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38. Assistance to other bodies.
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39. Charges for services.
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PART 7
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Office of the Chief Inspector of Social Services
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40. Office of Chief Inspector of Social Services.
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41. Functions of chief inspector.
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42. Accountability of chief inspector to Oireachtas Committees.
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43. Inspectors of Social Services.
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44. Plans and reports of Office of Chief Inspector.
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45. Arrangements with Executive.
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PART 8
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Regulation of Designated Centres
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46. Prohibition against carrying on unregistered designated centre.
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47. Prohibition against false or misleading applications for registration.
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48. Applications for registration.
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49. Register of designated centres.
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50. Grant or refusal of registration.
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51. Cancelling registration, varying conditions of registration or imposing new conditions, for cause.
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52. Applications by registered providers.
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53. Notice of certain proposed decisions of chief inspector.
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54. Right to respond to notice of proposed decision.
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55. Notice of decisions of chief inspector.
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56. Required or prohibited conduct in relation to designated centre.
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57. Appeal to District Court from decision of chief inspector respecting registration.
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58. Chief inspector may seek District Court order enforcing certain decisions.
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59. Chief inspector may seek District Court order for cancellation or variation of registration.
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60. Ex parte interim order in proceedings under section 59.
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61. Final determination of matters dealt with in an ex parte interim order under section 59.
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62. Appeals to Circuit Court from decisions of District Court.
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63. Status of chief inspector in court proceedings.
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64. Care of residents on cancellation of registration.
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65. Submission of information.
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66. Prohibition against closure of designated centre without notice.
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67. Cancellation of registration on closure of designated centre.
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68. Notice of appointment under law to take charge of designated centre.
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69. Transitional provision for registration of existing designated centres.
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PART 9
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Inspections and Investigations
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70. Appointment by the Authority of authorised persons.
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71. Appointment by Executive of persons to examine designated centres.
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72. Appointment of qualified persons to assist chief inspector and inspectors in an inspection.
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73. Right of entry and inspection by authorised person or chief inspector.
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74. Requirement for occupier’s consent or District Court warrant to enter dwelling.
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75. Further circumstances in which District Court may issue warrant.
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76. Authorised person or chief inspector may be accompanied by Garda.
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77. Prohibition against certain conduct in relation to inspections under section 73.
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78. Reports of authorised persons, the chief inspector and inspectors.
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PART 10
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Offences
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79. Offences.
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80. Proceedings for offences.
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PART 11
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Standards, Disqualifications, etc.
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81. Standards of integrity.
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82. Codes of conduct.
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83. Availability of codes of conduct.
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84. Prohibition against unauthorised disclosure of confidential information.
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85. Disqualification resulting from membership of either House of Oireachtas or of European Parliament or local authority.
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PART 12
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Dissolution of Specified Bodies, Transfer of Employees, Property and Liabilities to the Authority
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86. Specified bodies.
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87. Dissolution of specified bodies.
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88. Transfer of employees of specified bodies to Authority.
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89. Transfer of staff of Minister to Authority.
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90. Transfer of employees of Executive to Authority.
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91. Transfer of pension liabilities relating to former employees of specified bodies.
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92. Transfer of property and liabilities to Authority.
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93. Preservation of contracts, etc., and adaptation of references.
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94. Records of specified bodies.
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95. Pending legal proceedings.
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96. Final accounts of specified bodies.
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97. Final reports of specified bodies.
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PART 13
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Regulations
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98. Regulations and orders.
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99. Regulations governing registration under this Act.
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100. Regulations respecting procedures for setting standards.
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101. Regulations respecting designated centres.
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102. Laying of regulations and orders before Houses of Oireachtas.
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PART 14
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Protection of Disclosures of Information
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103. Protection of disclosures of information.
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PART 15
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Consequential and Minor Amendments to Other Acts
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104. Repeals and revocations.
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105. Amendment to other Acts.
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SCHEDULE 1
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Repeals and Revocations
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PART 1
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Acts Repealed
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PART 2
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Orders Revoked
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SCHEDULE 2
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Amendments to Other Acts
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PART 1
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Amendments to Child Care Act 1991
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PART 2
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Amendment to Comptroller and Auditor-General (Amendment) Act 1993
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PART 3
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Amendments to Freedom of Information Act 1997
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PART 4
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Amendments to Health Act 2004
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PART 5
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Amendment to Civil Registration Act 2004
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PART 6
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Amendment to Disability Act 2005
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PART 7
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Amendment to Health (Repayment Scheme) Act 2006
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Acts Referred to
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Adoptive Leave Acts 1995 and 2005
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Carer’s Leave Act 2001
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2001, No. 19
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Central Bank Act 1942
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1942, No. 22
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Central Bank and Financial Services Authority of Ireland Act 2003
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2003, No. 12
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Child Care Act 1991
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1991, No. 17
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Child Care Acts 1991 and 2001
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Children Act 2001
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2001, No. 24
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Civil Registration Act 2004
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2004, No. 3
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Companies Act 1990
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1990, No. 33
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Comptroller and Auditor General (Amendment) Act 1993
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1993, No. 8
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Courts Act 1981
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1981, No. 11
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Criminal Justice Act 2006
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2006, No. 26
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Cruelty to Animals Act 1876
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39 & 40 Vic., c. 77
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Data Protection Acts 1988 and 2003
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Dentists Act 1985
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1985, No. 9
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Disability Act 2005
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2005, No. 14
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Education of Persons with Special Educational Needs Act 2004
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2004, No. 30
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Ethics in Public Office Act 1995
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1995, No. 22
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European Parliament Elections Act 1997
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1997, No. 2
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Food Safety Authority of Ireland Act 1998
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1998, No. 29
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Freedom of Information Act 1997
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1997, No. 13
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Freedom of Information Acts 1997 and 2003
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Harbours Act 1946
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1946, No. 9
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Health Act 1947
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1947, No. 28
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Health Act 2004
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2004, No. 42
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Health Acts 1947 to 2006
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Health and Social Care Professionals Act 2005
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2005, No. 27
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Health (Corporate Bodies) Act 1961
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1961, No. 27
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Health Insurance Act 1994
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1994, No. 16
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Health (Nursing Homes) Act 1990
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1990, No. 23
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Health (Nursing Homes) (Amendment) Act 2007
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2007, No. 1
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Health (Repayment Scheme) Act 2006
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2006, No. 17
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Hospitals Federation and Amalgamation Act 1961
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1961, No. 21
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Local Government Act 2001
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2001, No. 37
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Maternity Protection Act 1994
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1994, No. 34
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Medical Practitioners Act 1978
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1978, No. 4
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Mental Health Act 2001
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2001, No. 25
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Mental Health Acts 1945 to 2001
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Minimum Notice and Terms of Employment Acts 1973 to 2005
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National Treasury Management Agency Act 1990
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1990, No. 18
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National Treasury Management Agency (Amendment) Act 2000
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2000, No. 39
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Nurses Act 1985
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1985, No. 18
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Organisation of Working Time Act 1997
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1997, No. 20
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Parental Leave Acts 1998 and 2006
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Petty Sessions (Ireland) Act 1851
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14 & 15 Vic., c. 93
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Pharmacy Act (Ireland) 1875
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38 & 39 Vic., c. 57
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Protection of Employees (Fixed-Term Work) Act 2003
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2003, No. 29
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Protection of Employees (Part-Time Work) Act 2001
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2001, No. 45
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Protections for Persons Reporting Child Abuse Act 1998
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1998, No. 49
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Public Health (Tobacco) Act 2002
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2002, No. 6
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Public Service Management (Recruitment and Appointments) Act 2004
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2004, No. 33
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Redundancy Payments Acts 1967 to 2003
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Standards in Public Office Act 2001
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2001, No. 31
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Unfair Dismissals Acts 1977 to 2005
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Number 23 of 2007
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HEALTH ACT 2007
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AN ACT TO ESTABLISH A BODY TO BE KNOWN AS AN tÚDARÁS UM FHAISNÉIS AGUS CÁILÍOCHT SLÁINTE OR, IN THE ENGLISH LANGUAGE, AS THE HEALTH INFORMATION AND QUALITY AUTHORITY AND OIFIG AN PHRÍOMH-CHIGIRE SEIRBHÍSÍ SÓISIALACHA OR, IN THE ENGLISH LANGUAGE, THE OFFICE OF THE CHIEF INSPECTOR OF SOCIAL SERVICES AND TO PROVIDE FOR THE DISSOLUTION OF CERTAIN BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH INFORMATION AND QUALITY AUTHORITY; TO PROVIDE FOR A SCHEME OF REGISTRATION AND INSPECTION OF RESIDENTIAL SERVICES FOR OLDER PEOPLE, PERSONS WITH DISABILITIES AND CHILDREN IN NEED OF CARE AND PROTECTION; TO PROVIDE FOR THE REPEAL AND AMENDMENT OF CERTAIN OTHER ACTS; AND TO PROVIDE FOR RELATED MATTERS.
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[21st April, 2007]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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