S.I. No. 57/2008 - Health Act 2007 (Commencement) Order 2008

S.I. No. 57 of 2008

HEALTH ACT 2007 (COMMENCEMENT) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th March, 2008.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the Health Act 2007 (No. 23 of 2007) hereby order as follows:

1. This Order may be cited as the Health Act 2007 (Commencement) Order 2008.

2. The following provisions of the Health Act 2007 (No. 23 of 2007) come into operation on the date of the making of this Order:

(a) section 8(1)(c) of Part 2;

(b) for the purposes of monitoring compliance with standards in accordance with section 8(1)(c), the following provisions of Part 9:

(i) section 70;

(ii) section 73(1);

(iii) section 73(3) (except paragraph (b));

(iv) section 73(4) (except paragraph (c)(ii));

(v) section 73(5) (except subparagraph (ii));

(vi) section 73(6);

(vii) section 73(7);

(viii) section 74;

(ix) section 75 (except subsections (1)(b), (2)(a)(ii) and (2)(b)(ii) and (iii));

(x) section 76;

(xi) section 77;

(xii) section 78 (except subparagraphs (ii) and (iii));

(c) for the purposes of monitoring compliance with standards in accordance with section 8(1)(c), the following provisions of Part 10:

(i) section 79(1)(b) and (3);

(ii) section 80 (except subsection (1)(b)).

GIVEN under my Official Seal,

29 February 2008

MARY HARNEY

Minister for Health and Children.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Statutory Instrument brings into operation section 8(1)(c) and associated provisions of the Health Act 2007 (No. 23 of 2007) with effect from the 29th day of February 2008.

Section 8(1)(c) of the Act provides for the Health Information and Quality Authority to monitor compliance with standards it sets on safety and quality of services. The associated provisions provide for the appointment by the Authority of authorised persons to monitor compliance with standards set by the Authority in accordance with section 8(1)(c) and for such authorised persons to have the powers set out in Part 9 of the Act respecting the monitoring of compliance with standards set. The provisions also relate to offences and proceedings for offences under Part 10 of the Act in this regard.

Department of Health and Children

February 2008