Health (Miscellaneous Provisions) Act 2007

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(1) In Article 4(g), “Health Service Executive” shall be substituted for “Minister”.

(2) Article 15 shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) Subject to paragraph (1A), a person shall not receive any remuneration for acting as a member of the Board.”,

(b) the insertion of the following paragraph:

“(1A) The chairman of the Board shall be paid by the Board such remuneration (if any) as the Minister may, with the consent of the Minister for Finance, determine.”,

and

(c) the insertion, in paragraph (2), of “with the consent of the Minister for Finance” after “Minister”.

(3) In Article 19, the following paragraph shall be substituted for paragraph (2):

“(2) The Board shall submit to the Health Service Executive or the Minister for Education and Science, as may be appropriate, such information regarding the performance of its functions as the Health Service Executive or that Minister may, from time to time, require.”.

(4) Article 20 (inserted by Article 4 of the Dublin Dental Hospital (Establishment) Order 1963 (Amendment) Order 1964 ( S.I. No. 260 of 1964 )), shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) The Board may, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance, and in accordance with such directions (if any) as may be given by the Health Service Executive with the consent of each of those Ministers of the Government, appoint such and so many persons to be officers or servants of the Board as the Board may, from time to time, determine.”,

(b) the insertion, in paragraph (5), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” after “shall”, and

(c) the deletion of paragraph (7).

(5) In Article 21 (amended by Article 2 of the Dublin Dental Hospital (Establishment) Order 1963 (Amendment) Order 1985 ( S.I. No. 245 of 1985 )) “Health Service Executive” shall be substituted for “Minister”.

(1) In Article 4, “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(2) The following article shall be inserted after Article 4:

“4A. (1) The Board may, with the consent of the Health Service Executive, enter into an agreement with one or more persons for the provision by any person (in this section referred to as the ‘private undertaking’) specified in the agreement, on land vested in the Board, of hospital services that are not paid for primarily out of public moneys.

(2) An agreement to which paragraph (1) applies may include provision for—

(a) the construction of buildings and facilities on land vested in the Board for the purpose of the provision of services referred to in that paragraph,

(b) the disposal of land or an interest in land by the Board or the Health Service Executive for the purposes of—

(i) the said construction, and

(ii) the provision of those services by the private undertaking,

and

(c) the management and running of the hospital to which the agreement applies by the private undertaking in accordance with such standards, and such requirements as respects the monitoring and enforcement of compliance with the agreement, as may be specified in the agreement.

(3) Consequent upon the making of an agreement to which paragraph (1) applies, the Board may, with the consent of the Health Service Executive, enter into such other agreements with a private undertaking as it considers appropriate providing for—

(a) the supply to the Board by the private undertaking of such services provided by the private undertaking at the hospital to which the agreement concerned applies as—

(i) are specified in the agreement, or

(ii) would assist the Board in the performance of its functions under Article 4,

(b) the supply to the private undertaking by the Board of such services as are specified in the agreement for the purpose of the provision by the private undertaking of hospital services at that hospital, and

(c) the cooperation and participation by the Board with the private undertaking in—

(i) the education and training of members of staff of the Board and members of staff of the private undertaking, and

(ii) the conduct of medical research.

(4) An agreement to which paragraph (1) applies may include provision for the giving of such security as may be specified in the agreement by or on behalf of the private undertaking to the Board or the Health Service Executive in respect of any liability of the private undertaking or the failure by, or inability of, the private undertaking to perform any of its obligations under the agreement, and the agreement may in addition make provision in relation to the priority to be accorded to any such security.

(5) An agreement to which paragraph (3) applies may include provision for the indemnification of the private undertaking by the Board in respect of any liability of the private undertaking to pay any sum to any person by reason of any act done or omitted to be done by the Board in the supply of a service to the private undertaking in accordance with that agreement.

(6) The Board shall have all such powers as are necessary or expedient for—

(a) the performance of its functions under this Article, and

(b) the carrying out of its obligations and enforcement of its rights under an agreement to which paragraph (1) or (3) applies.

(7) In this Article—

(a) a reference to land vested in the Board shall be construed as including a reference to any interest in land vested in the Board, and

(b) a reference to hospital services shall be construed as including a reference to services that are ancillary to the provision of hospital services.

(8) In this Article—

‘security’ includes mortgage, charge and lien;

‘public moneys’ means moneys charged on or issued out of the Central Fund or provided by the Oireachtas;

‘supply’ includes supply for valuable consideration.”.

(3) In Article 17(2), the words “with the consent of the Minister for Finance” shall be inserted after the word “Minister”.

(4) Article 21 shall be amended by—

(a) the deletion of paragraph (6), and

(b) the substitution of the following paragraph for paragraph (7) (inserted by Article 10 of the St. James’s Hospital Board (Establishment) Order 1971 (Amendment) Order 1984 ( S.I. No. 211 of 1984 )):

“(7) The Board shall submit estimates of income and expenditure to the Health Service Executive in such form and in respect of such periods and at such times as may be required by the Health Service Executive and shall furnish such further information to the Health Service Executive as it may require in relation to those estimates.”.

(5) In Article 22(2), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(6) Article 23 (amended by Article 11 of the St. James’s Hospital Board (Establishment) Order 1971 (Amendment) Order 1984 ( S.I. No. 211 of 1984 )), shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) The Board may, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance, and in accordance with such directions (if any) as may be given by the Health Service Executive with the consent of each of those Ministers of the Government, appoint such and so many persons to be officers or servants of the Board as the Board may, from time to time, determine.”,

and

(b) the deletion of paragraph (5).

(7) In Article 25, “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(8) In Article 27 (inserted by Article 12 of the St. James’s Hospital Board (Establishment) Order 1971 (Amendment) Order 1984 ( S.I. No. 211 of 1984 )), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(1) Article 4 (amended by Article 2 of the Beaumont Hospital Board (Establishment) Order 1977 (Amendment) Order 1988 ( S.I. No. 13 of 1988 )), shall be amended by—

(a) the substitution of “Health Service Executive” for “Minister” in each place that it occurs, and

(b) the insertion of “and for the conduct of medical research” after “students”.

(2) The following article shall be inserted after Article 4:

“4A. (1) The Board may, with the consent of the Health Service Executive, enter into an agreement with one or more persons for the provision by any person (in this section referred to as the ‘private undertaking’) specified in the agreement, on land vested in the Board, of hospital services that are not paid for primarily out of public moneys.

(2) An agreement to which paragraph (1) applies may include provision for—

(a) the construction of buildings and facilities on land vested in the Board for the purpose of the provision of services referred to in that paragraph,

(b) the disposal of land or an interest in land by the Board or the Health Service Executive for the purposes of—

(i) the said construction, and

(ii) the provision of those services by the private undertaking,

and

(c) the management and running of the hospital to which the agreement applies by the private undertaking in accordance with such standards, and such requirements as respects the monitoring and enforcement of compliance with the agreement, as may be specified in the agreement.

(3) Consequent upon the making of an agreement to which paragraph (1) applies, the Board may, with the consent of the Health Service Executive, enter into such other agreements with a private undertaking as it considers appropriate providing for—

(a) the supply to the Board by the private undertaking of such services provided by the private undertaking at the hospital to which the agreement concerned applies as—

(i) are specified in the agreement, or

(ii) would assist the Board in the performance of its functions under Article 4,

(b) the supply to the private undertaking by the Board of such services as are specified in the agreement for the purpose of the provision by the private undertaking of hospital services at that hospital, and

(c) the cooperation and participation by the Board with the private undertaking in—

(i) the education and training of members of staff of the Board and members of staff of the private undertaking, and

(ii) the conduct of medical research.

(4) An agreement to which paragraph (1) applies may include provision for the giving of such security as may be specified in the agreement by or on behalf of the private undertaking to the Board or the Health Service Executive in respect of any liability of the private undertaking or the failure by, or inability of, the private undertaking to perform any of its obligations under the agreement, and the agreement may in addition make provision in relation to the priority to be accorded to any such security.

(5) An agreement to which paragraph (3) applies may include provision for the indemnification of the private undertaking by the Board in respect of any liability of the private undertaking to pay any sum to any person by reason of any act done or omitted to be done by the Board in the supply of a service to the private undertaking in accordance with that agreement.

(6) The Board shall have all such powers as are necessary or expedient for—

(a) the performance of its functions under this Article, and

(b) the carrying out of its obligations and enforcement of its rights under an agreement to which paragraph (1) or (3) applies.

(7) In this Article—

(a) a reference to land vested in the Board shall be construed as including a reference to any interest in land vested in the Board, and

(b) a reference to hospital services shall be construed as including a reference to services that are ancillary to the provision of hospital services.

(8) In this Article—

‘security’ includes mortgage, charge and lien;

‘public moneys’ means moneys charged on or issued out of the Central Fund or provided by the Oireachtas;

‘supply’ includes supply for valuable consideration.”.

(3) In Article 17(2), “with the consent of the Minister for Finance” shall be inserted after “Minister”.

(4) In Article 21, paragraph (6) shall be deleted.

(5) In Article 22(2), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(6) Article 23 shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) The Board may, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance, and in accordance with such directions (if any) as may be given by the Health Service Executive with the consent of each of those Ministers of the Government, appoint such and so many persons to be officers or servants of the Board as the Board may, from time to time, determine.”,

(b) the substitution of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the consent of the Minister” in paragraph (3), and

(c) the deletion of paragraph (5).

(7) In Article 25, “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(1) In Article 4, “Health Service Executive” shall be substituted for “Minister”.

(2) In Article 18(2), “with the consent of the Minister for Finance” shall be inserted after “Minister”.

(3) Article 22 shall be amended by—

(a) the substitution, in paragraph (4), of “Health Service Executive” for “Minister”, and

(b) the deletion of paragraph (8).

(4) In Article 23(3), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(5) Article 24 shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) The Board may, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance, and in accordance with such directions (if any) as may be given by the Health Service Executive with the consent of each of those Ministers of the Government, appoint such and so many persons to be officers or servants of the Board as the Board may, from time to time, determine.”,

and

(b) the substitution of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the consent of the Minister” in paragraph (3).

(1) In Article 4 (inserted by Article 2 of the Drug Treatment Centre Board (Establishment) Order 1988 (Amendment) Order 1992 ( S.I. No. 296 of 1992 )), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs, other than in subparagraph (m) of paragraph (1).

(2) In Article 16, “with the consent of the Minister for Finance” shall be inserted after “Minister”.

(3) In Article 20, “Health Service Executive” shall be substituted for “Minister”.

(4) In Article 21, paragraph (6) shall be deleted.

(5) In Article 22(2), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(6) Article 23 shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) The Board may, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance, and in accordance with such directions (if any) as may be given by the Health Service Executive with the consent of each of those Ministers of the Government, employ such and so many persons to be employees of the Board as the Board may, from time to time, determine.”,

(b) the substitution of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the consent of the Minister” in paragraph (3), and

(c) the deletion of paragraph (5).

(7) Article 25 shall be amended by—

(a) the substitution, in paragraph (1), of “with the approval of the Health Service Executive” for “with the consent of the Minister and the approval of the Minister for Finance”, and

(b) the substitution, in paragraph (2), of “Health Service Executive” for “Minister”.

(1) Article 5 shall be amended by—

(a) the substitution of “Health Service Executive” for “Minister” in each place that it occurs, and

(b) the deletion, in subparagraph (h), of “to the Minister,”.

(2) In Article 20, “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(3) In Article 21(2), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(4) Article 22 shall be amended by—

(a) the substitution, in paragraph (2), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the approval of the Minister”, and

(b) the substitution, in paragraph (3), of “Board, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “Minister”.

(5) Article 23 shall be amended by—

(a) the substitution, in paragraph (1)—

(i) of “subject to the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “subject to the approval of the Minister”, and

(ii) of “given by the Health Service Executive with the consent of the Minister and the Minister for Finance” for “given by the Minister”, and

(b) the deletion of paragraph (4).

(6) In Article 26, “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(7) In Article 27, “Health Service Executive” shall be substituted for “Minister”.

(1) In Article 5(2), “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(2) Article 17 shall be amended by—

(a) the substitution, in paragraph (1), of “Health Service Executive” for “Minister”, and

(b) the substitution, in paragraph (2), of “Health Service Executive” for “Minister” in each place that it occurs.

(3) Article 18 shall be amended by—

(a) the substitution, in paragraph (2), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the approval of the Minister”, and

(b) the substitution, in paragraph (3), of “the Council, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “the Minister, with the consent of the Minister for Finance”.

(4) Article 19 shall be amended by—

(a) the substitution, in paragraph (1), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the approval of the Minister, with the consent of the Minister for Finance”, and

(b) the substitution, in paragraph (2), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “subject to the approval of the Minister, with the consent of the Minister for Finance” in each place that it occurs.

(5) In Article 24 “Health Service Executive” shall be substituted for “Minister” in each place that it occurs.

(1) The following article shall be inserted after Article 14:

“14A. The Health Service Executive may advance to the Board out of moneys provided by the Oireachtas such sums as the Health Service Executive may determine.”.

(2) Article 16 shall be amended by—

(a) the substitution, in paragraph (2), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the approval of the Minister”, and

(b) the substitution, in paragraph (4), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “with the consent of the Minister and the Minister for Finance”.

(3) Article 17 shall be amended by—

(a) the substitution of the following paragraph for paragraph (1):

“(1) The Board may, with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance, and in accordance with such directions (if any) as may be given by the Health Service Executive with the consent of each of those Ministers of the Government, appoint such and so many persons to be members of the staff of the Board as the Board may, from time to time, determine.”,

(b) the substitution, in paragraph (2), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “subject to the approval of the Minister and with the consent of the Minister for Finance”, and

(c) the substitution, in paragraph (3), of “with the approval of the Health Service Executive given with the consent of the Minister and the Minister for Finance” for “subject to the approval of the Minster and with the consent of the Minister for Finance”.

(4) In Article 21, “Health Service Executive” shall be substituted for “Minister”.