|
|
|
Amendment of section 31 of Principal Act
|
| |
25. Section 31 of the Principal Act is amended—
|
|
| |
(a) by the substitution of the following subsection for subsection (1):
|
|
| |
“(1) Before the expiry of the specified period the Executive shall—
|
|
| |
(a) prepare, in accordance with this section, a service plan for the financial year or such other period as may be determined by the Minister after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and
|
|
| |
(b) adopt the plan so prepared and submit it to the Minister and the Minister for Children, Equality, Disability, Integration and Youth for approval.”,
|
|
| |
(b) by the substitution of the following subsection for subsection (2):
|
|
| |
“(2) For the purpose of this section, the specified period is—
|
|
| |
(a) the period ending 21 days after the Executive receives the section 30A(1) determination or section 30B(1) determination concerned, or
|
|
| |
(b) such other period as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may allow.”,
|
|
| |
(c) in subsection (3), by the substitution of “The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” for “The Minister”,
|
|
| |
(d) in subsection (4)—
|
|
| |
(i) in paragraph (bb), by the insertion of “or the section 30B(1) determination” after “section 30A(1) determination”,
|
|
| |
(ii) in paragraph (e), by the insertion of “or, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth” after “the Minister”,
|
|
| |
(iii) in paragraph (f), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth under section 10C” after “the Minister”, and
|
|
| |
(iv) in paragraph (g), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth” after “the Minister”,
|
|
| |
(e) in subsection (5)(b), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth under section 10C” after “the Minister”,
|
|
| |
(f) by the substitution of the following subsection for subsection (6):
|
|
| |
“(6) If the Executive fails to submit a service plan to the Minister and the Minister for Children, Equality, Disability, Integration and Youth before the expiry of the specified period, the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, may, in writing, issue a direction, directing the Executive to prepare and submit a service plan to each such Minister not later than—
|
|
| |
(a) 10 days after the date on which the Minister issues the direction to the Executive, or
|
|
| |
(b) such earlier date as may be specified in the direction.”,
|
|
| |
(g) in subsection (6A)—
|
|
| |
(i) in paragraph (a)—
|
|
| |
(I) by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “the Minister” where it first occurs, and
|
|
| |
(II) by the substitution of “each such Minister” for “him or her”,
|
|
| |
and
|
|
| |
(ii) in paragraph (b), by the insertion of “and the Minister for Children, Equality, Disability, Integration and Youth” after “the Minister”,
|
|
| |
(h) in subsection (7), by the insertion of “and the Minister for Children, Equality, Disability, Integration and Youth” after “the Minister”,
|
|
| |
(i) by the substitution of the following subsection for subsection (8)—
|
|
| |
“(8) Not later than 21 days after receiving a service plan under this section, and after consultation between the Minister and the Minister for Children, Equality, Disability, Integration and Youth, the Minister and, in so far as the plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth shall—
|
|
| |
(a) approve the service plan in the form in which it was submitted,
|
|
| |
(b) approve the service plan with such amendments, having consulted with the Executive, and as appropriate—
|
|
| |
(i) the Minister, having consulted with the Minister for Children, Equality, Disability, Integration and Youth may determine, or
|
|
| |
(ii) the Minister for Children, Equality, Disability, Integration and Youth having consulted with the Minister for Health, may determine,
|
|
| |
or
|
|
| |
(c) issue a direction to the Executive under subsection (9) to amend the plan.”,
|
|
| |
(j) in subsection (9)—
|
|
| |
(i) by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth or, in so far as the service plan relates to the performance by the Executive of its specialist community‑based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth, after consultation with the Minister,” after “The Minister”,
|
|
| |
(ii) by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth, as appropriate,” after “the Minister” where it first occurs, and
|
|
| |
(iii) in paragraph (d), by the insertion of “, the Minister for Children, Equality, Disability, Integration and Youth” after “the Minister”,
|
|
| |
(k) in subsection (10), by the insertion of “or, in so far as the service plan relates to the performance by the Executive of its specialist community-based disability services functions, the Minister for Children, Equality, Disability, Integration and Youth” after “The Minister”, and
|
|
| |
(l) by the substitution of the following subsection for subsection (13):
|
|
| |
“(13) The Minister shall ensure that a copy of an approved service plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister and the Minister for Children, Equality, Disability, Integration and Youth.”.
|
