Health Service Executive (Financial Matters) Act 2014

Insertion of section 30A in Act of 2004

7. The Act of 2004 is amended by inserting the following section after section 30:

“Minister to determine net non-capital expenditure of Executive

30A. (1) Subject to subsections (5) and (6), the Minister shall determine the maximum amount of net non-capital expenditure that may be incurred by the Executive for—

(a) a financial year of the Executive, or

(b) if the Minister considers it appropriate to do so in any particular case, such part of a financial year of the Executive as may be specified in the relevant notification under this section.

(2) The Minister shall notify the Executive in writing of a section 30A(1)determination—

(a) if the period to which the determination relates is a financial year of the Executive or runs from the beginning of such year, not later than 21 days after the publication by the Government of the Estimates for Public Services (within the meaning of section 17(1) (inserted by section 1 of the Ministers and Secretaries (Amendment) Act 2013 ) of the Ministers and Secretaries (Amendment) Act 2011 ) for that financial year, and

(b) in any other case, not later than 21 days after making the determination.

(3) (a) The Minister may amend a section 30A(1) determination by varying the maximum amount of net non-capital expenditure that the Executive may incur for the financial year or part of the financial year to which the determination relates.

(b) A section 30A(1) determination amended under paragraph (a) shall apply and have effect as so amended.

(4) The Minister shall notify the Executive in writing of the amendment made under subsection (3) to a section 30A(1) determination not later than 21 days after making the amendment.

(5) The Minister shall not, in making a section 30A(1) determination for a financial year, or part of a financial year, take into account the effect (if any) of section 33(3) for that financial year, or part of a financial year, as the case may be.

(6) The Minister shall not, in the financial year 2014, make a section 30A(1) determination except in respect of—

(a) the financial year 2015, or

(b) part of the financial year 2015.”.