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SCHEDULE 7
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Section 75
.
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PART 1
Amendment Of Adoption Act 1952
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Item
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Provision affected
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Amendment
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1.
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Section 3 (as amended by
section 2
of the
Adoption Act 1998
)
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Delete the definition of “health board”.
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2.
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Section 3A
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Insert the following after section 3:
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“Transitional provision.
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3A.—Any function or provision. action performed or any decision made by or on behalf of a health board under the Adoption Acts 1952 to 1998, before the establishment day of the Health Service Executive, in connection with an application or any other matter that has not been concluded before that day shall be deemed to have been performed or made by or on behalf of the Executive.”.
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3.
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Section 16 (as amended by
section 5
of the
Adoption Act 1998
)
|
In subsection (1)(h), substitute “the Health Service Executive” for “health board”.
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4.
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Section 19A (as inserted by
section 6
of the
Adoption Act 1998
)
|
In subsection (6), substitute “The Health Service Executive” for “A health board”.
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PART 2
Amendment of Guardianship of Infants Act 1964
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Item
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Provision affected
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Amendment
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1.
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Section 15 (as amended by
section 76
of the
Child Care Act 1991
)
|
Substitute the following section for section 15:
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“Power of Court to order repayment of costs of bringing up child.
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15.—(1) Where, upon application by a parent for the production of a child, the court finds that the child is being brought up at the expense of another person, the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to that person the whole of the costs properly incurred by the person in bringing up the child or such portion of those costs as the court considers reasonable.
(2) Where, upon application by a parent for the production of a child, the court finds that—
(a) assistance has been provided for the child at any time by a health authority under
section 55
of the
Health Act 1953
,
(b) the child has been maintained in the care of a health board under
section 4
of the
Child Care Act 1991
at any time before the amendment of that provision by the Health Act 2004, or
(c) the child has been maintained in the care of the Health Service Executive under
section 4
of the
Child Care Act 1991
at any time after the amendment of that provision by the Health Act 2004,
the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to the Health Service Executive the whole of the costs properly incurred by the health authority in providing such assistance or by the health board or the Executive in maintaining the child in care or such portion of those costs as the court considers reasonable.
(3) In determining the amount to be repaid under this section, the court shall have regard to the circumstances of the case including, in particular, the means of the parent.”.
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2.
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Section 16 (as amended by
section 77
of the
Child Care Act 1991
)
|
In paragraph (b), substitute “to be maintained as described in section 15(2)(b) or (c) in the care of a health board or the Health Service Executive” for “to be maintained in the care of a health board under
section 4
of the
Child Care Act, 1991
”.
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PART 3
Amendment of Adoption Act 1988
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Item
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Provision affected
|
Amendment
|
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1.
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Section 2
|
(a) In subsection (1)(c), substitute “the Health Service Executive” for “the health board in whose functional area the applicants ordinarily reside,”.
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2.
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Section 3
|
(a) In subsection (1), substitute “the Health Service Executive” for “the health board in whose functional area they ordinarily reside,”.
(b) In subsection (1)(a), substitute “the Health Service Executive” for each reference to “the health board”.
(c) In subsection (1)(b), substitute “the Health Service Executive” for “the health board”.
(d) In subsection (4), substitute “The Health Service Executive” for “The health board concerned”.
(e) Delete subsection (6).
(f) In subsection (7), substitute “the Health Service Executive,” for “a health board” and substitute “the Executive” for each reference to “the board”.
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PART 4
Amendment of Health (Nursing Homes) Act 1990
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Item
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Provision affected
|
Amendment
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1.
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Section 1
|
(a) In subsection (1), substitute the following definition for the definition of “register”:
“ ‘register’ means a register of nursing homes that is established or deemed to have been established by the Health Service Executive under section 4, and cognate words shall be construed accordingly;”.
(b) Substitute the following definition for the definition of “registered proprietor”:
“ ‘registered proprietor’, in relation to a registered nursing home means the person whose name is entered in the register as the person carrying on the home;”.
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2.
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Section 2
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(a) In subsection (1)(a), (e) and (f), substitute “the Health Service Executive” for “a health board”.
(b) In subsection (1)(g)(ii) and (iii), substitute “the Health Service Executive” for “a health board”.
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3.
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Section 4
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(a) Substitute the following subsection for subsection (1):
“(1) The Health Service Executive shall establish and maintain a register of nursing homes in each functional area of the Executive.
(1A) For the purpose of subsection (1), each register of nursing homes established by a health board before the amendment of this Act by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”.
(b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”.
(c) In subsection (3)(c), substitute “the Health Service Executive” for “a health board”.
(d) In subsection (3) insert the following paragraph after paragraph (c):
“(d) An application for a declaration under subsection (4)(a) or for registration that is made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, given or refused to give the declaration or granted or refused to grant registration for the nursing home in relation to which the application was made, as the case may be.”.
(e) In subsection (4)(a), substitute “the Health Service Executive” for “the health board in whose functional area the home will be situated”.
(f) In subsection (4)(a), (b) and (c) substitute “the Executive” for “the board”, wherever occurring.
(g) In subsection (4)(b), substitute “the Health Service Executive” for “a health board”.
(h) In subsections (4)(c), (5) and (6), substitute “The Health Service Executive” for “A health board”.
(i) In subsection (6)(b)(iii), substitute “the Executive” for “the board”, wherever occurring.
(j) In subsection (7)(a) and (b), substitute “The Health Service Executive” for “A health board” and substitute “the Executive” for “the board”.
(k) In subsections (8)(a) and (10)(a), substitute “The Health Service Executive” for “A health board”.
(l) In subsection (10)(b), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.
(m) In subsection (11), substitute “the Health Service Executive” for “the health board concerned” and substitute “the Executive” for “the board”.
(n) In subsection (12)(a)(ii), substitute “the Health Service Executive” for “the health board concerned”.
(o) In subsection (13)(a), substitute “the Health Service Executive” for “a health board”.
(p) In subsection (13)(b), substitute “the Health Service Executive” for “the health board concerned” and substitute “the Executive” for “the board”.
(q) In subsection (14), substitute “the Health Service Executive” for “a health board“, wherever occurring and substitute “the Executive” for “the board”.
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4.
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Section 5
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(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board”.
(b) In subsection (4)(a), substitute “the Health Service Executive” for “the health board concerned”.
(c) In subsection (4)(b)(II), substitute “the Health Service Executive” for “the health board”.
(d) In subsection (5), substitute “The Health Service Executive” for “The health board concerned”.
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5.
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Section 6
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(a) In subsection (2)(g), substitute “employees of the Health Service Executive,” for “officers of health boards,”.
(b) In subsection (2)(i), substitute “the Health Service Executive” for “the health board concerned”.
(c) In subsection (2)(j), substitute “the Health Service Executive” for “a health board” and “Health Service Executive and its employees,” for “appropriate health boards and their officers,”.
(d) In subsection (2)(k), substitute “Health Service Executive” for “appropriate health boards” and “health boards”.
(e) In subsection (2)(l), substitute “Health Service Executive” for “health boards concerned”.
(f) In subsection 2(m)(i), substitute “Health Service Executive” for “health board concerned”.
(g) In subsection (2)(m)(ii), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”, wherever occurring.
(h) Substitute the following subsection for subsection (2)(n):
“(n) authorise the provision by or on behalf of the Health Service Executive to nursing homes of such services (being services of a kind provided by or on behalf of the Health Service Executive for the purposes of its functions), upon such terms and conditions and to such extent as the Health Service Executive may determine, and”.
(i) In subsection (4)(a), substitute “Health Service Executive” for “health board concerned”.
(j) In subsection (5), substitute “the Health Service Executive or an employee of the Health Service Executive” for “a health board or an officer of a health board“, wherever occurring.
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6.
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Section 7 (as amended by the
Health (Miscellaneous Provisions) Act 2001
)
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and “the health board” and substitute “the Executive” for “the board”.
(b) In subsection (2), substitute “the Health Service Executive” for “health boards“, wherever occurring.
(c) In subsection (2)(b)(iii), substitute “employees of the Health Service Executive” for “officers of health boards”.
(d) In subsection (2)(b)(v), substitute “the Health Service Executive” for “each health board”.
(e) In subsection (2)(b)(x), substitute “an employee of the Health Service Executive” for “an officer of a health board” and substitute “the Health Service Executive” for “the health board”.
(f) Delete subsection (2)(c).
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7.
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Section 8
|
(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.
(b) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.
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8.
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Section 9
|
(a) In subsection (1)(a), substitute “the Health Service Executive” for “a health board” and “the health board” and delete “in its functional area”.
(b) In subsection (1)(c), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (1)(d), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”, wherever occurring.
(d) In subsection (2)(a), substitute “the Health Service Executive” for “a health board” and “the health board” and substitute “the Executive” for “the board” and delete “in the functional area of the board”.
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9.
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Section 10
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(a) Substitute the following subsection for subsection (1):
“(1) The Health Service Executive may in accordance with regulations under this section make and carry out an arrangement for the boarding out in a private dwelling of a person to whom this section applies and the arrangement may provide for the payment of all or part of the costs of the boarding out by the Executive.”.
(b) In subsection (2)(a)(i) and (ii), substitute “the Health Service Executive and its employees” for “the health boards concerned and their officers”.
(c) In subsection (2)(a)(iii), substitute “the Health Service Executive” for “health boards”.
(d) In subsection (2)(a)(v), substitute “the Health Service Executive” for “the health board concerned”.
(e) In subsection (2)(b), substitute “the Health Service Executive or an employee of the Health Service Executive” for “a health board or an officer of a health board”, wherever occurring.
(f) In subsection (4), substitute “the Health Service Executive” for “a health board”.
(g) Substitute the following subsection for subsection (5):
“(5) In this section ‘person to whom this section applies’, in relation to the Health Service Executive, means a person who, in the opinion of the Executive, ought, having regard to his or her means and circumstances, to be boarded out under this section and who consents to be so boarded out.”.
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10.
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Section 12
|
(a) Substitute the following subsection for subsection (1):
“(1) Proceedings for a summary offence under this Act may be brought and prosecuted by the Health Service Executive.”.
(b) Delete subsection (4).
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PART 5
Amendment of Adoption Act 1991
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| | |
Item
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Provision affected
|
Amendment
|
|
1.
|
Section 1
|
Delete the definition of “health board”.
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|
2.
|
Section 5
|
In subsection (1)(b)(iii)(II)(B), substitute “the Health Service Executive” for “the health board in whose functional area the adopters were ordinarily resident at the time of the assessment,”.
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3.
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Section 8
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and delete “who is or are ordinarily resident in its functional area”.
(b) In subsection (2), substitute “the Health Service Executive” for “the health board concerned”.
(c) Delete subsection (4).
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PART 6
Amendment of Child Care Act 1991
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| | |
Item
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Provision affected
|
Amendment
|
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1.
|
Section 2
|
(a) In the definition of “area” substitute “the Health Service Executive” for “health board”.
(b) Delete the definition of “health board”.
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2.
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Section 3
|
(a) In subsection (1), substitute “the Health Service Executive” for “every health board” and delete “in its area”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board” and in paragraph (a) delete “in its area”.
(c) In subsection (3), substitute “The Health Service Executive” for “A health board”.
(d) Substitute the following subsection for subsection (4):
“(4) The provisions of the Health Acts 1947 to 2004 shall apply in relation to the functions of the Health Service Executive and its employees under this Act and the powers of the Minister under those Acts shall have effect accordingly as if those Acts and this Act were one Act.”.
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3.
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Section 4
|
(a) In subsection (1), substitute “the Health Service Executive that a child requires” for “a health board that a child who resides or is found in its area requires” and substitute “the Executive” for “the Health Board”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.
(d) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.
(e) Insert the following subsection after subsection (4):
“(5) A child who was taken into care under this section by a health board before the amendment of this section by the Health Act 2004 and who is in the care of the health board immediately before the establishment day of the Health Service Executive shall be deemed for the purposes of this Act to have been taken into care by the Executive and to be in its care on and from that day.”.
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4.
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Section 5
|
Substitute—
(a) “the Health Service Executive that a child is homeless, the Executive shall” for “a health board that a child in its area is homeless, the board shall”,
(b) “if it” for “if the board”,
(c) “care of the Executive” for “care of the board”, and
(d) “the Executive shall take” for “the board shall take”.
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5.
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Section 6
|
(a) Substitute the following subsection for subsection (1):
“(1) The Health Service Executive shall provide or ensure the provision of a service for the adoption of children in accordance with the Adoption Acts 1952 to 1998.”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (3), substitute “The Health Service Executive” for “A health board”.
(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.
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6.
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Section 7
|
(a) Substitute the following subsections for subsection (1):
“(1) The Health Service Executive shall establish for each functional area of the Executive a child care advisory committee to advise the Executive on the performance of its functions under this Act and the Executive shall consider and have regard to any advice so tendered to it.
(1A) A child care advisory committee that, before the amendment of this section by the Health Act 2004, was established for a functional area of a health board and that was in existence immediately before the establishment of the Health Service Executive shall be deemed to have been established by the Executive in compliance with subsection (1) of this section for the corresponding functional area of the Executive or for that area as redefined under
section 67
(3) of the Health Act 2004.”.
(b) In subsection (3), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (5), substitute “the Health Service Executive and each child care advisory committee” for “each health board and child care advisory committee”.
(d) Insert the following subsection after subsection (5):
“(5A) Directions given by the Minister in relation to child care advisory committees in existence immediately before the establishment day of the Health Service Executive shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Executive, unless the Minister otherwise directs.
(5B) The Minister may amend or Revoke directions given in relation to child care advisory committees.”.
(e) In subsection (6), substitute “The Health Service Executive” for “A health board” and substitute “a functional area of the Executive” for “its area”.
(f) In subsection (7)—
(i) in paragraph (c), substitute “Health Service Executive” for “health board”, and
(ii) substitute “a functional area of the Health Service Executive” for “a health board area”.
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7.
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Section 8
|
(a) Substitute the following for subsection (1):
“(1) The Health Service Executive shall—
(a) not later than 6 months after the establishment day of the Executive, prepare for each health board the report that, but for the amendment of this section by the Health Act 2004, the health board would have been required to have prepared under this section, and
(b) annually thereafter prepare a report on the adequacy of the child care and family support services available in each functional area of the Executive.”.
(b) In subsection (2)—
(i) substitute “the Health Service Executive” for “a health board”, and
(ii) in paragraph (c), substitute “the Executive” for “the board”.
(c) Substitute the following for subsection (3):
“(3) The Health Service Executive shall give notice of the preparation of a report under subsection (1) to—
(a) each child care advisory committee, and
(b) such bodies as the Executive sees fit whose purposes include the provision of child care and family support services,
and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.”.
(d) In subsection (4), substitute “The Health Service Executive” for “A health board”.
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8.
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Section 9
|
(a) Delete subsection (1).
(b) In subsection (2), substitute “Nothing in the Health Act 2004 shall empower the Health Service Executive” for “Nothing in this section shall empower a health board”.
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9.
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Section 10
|
(a) Substitute “The Health Service Executive” for “A health board” and “the Executive” for “the health board”.
(b) Renumber section 10 as section 10(1) and insert the following subsection:
“(2) Assistance given under this section to a voluntary body or other person that is a service provider as defined in
section 2
of the Health Act 2004 shall be deemed for the purpose of Part 9 of that Act to have been given to the voluntary body or other person under
section 39
of that Act.”.
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10.
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Section 11
|
In subsection (2), substitute “The Health Service Executive” for “A health board” and substitute “the Executive” for “the board”.
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11.
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Section 12
|
(a) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.
(b) In subsection (3), substitute “Health Service Executive” for “health board for the area in which the child is for the time being”.
(c) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the health board”.
(d) Insert the following subsection after subsection (4):
“(5) Where a child was removed to safety in accordance with subsection (1) of this section or
section 254
(4) of the
Children Act 2001
before the amendment of those provisions by the Health Act 2004 and the child is not delivered up to the custody of the health board concerned before the establishment day of the Health Service Executive—
(a) the child shall as soon as possible be delivered up to the custody of the Executive, and
(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Executive in accordance with subsection (3) of this section.”.
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12.
|
Section 13
|
(a) In subsection (1), substitute “the Health Service Executive” for each reference to “a health board”.
(b) In subsection (2), substitute “the Health Service Executive” for “the health board for the area in which the child is for the time being”.
(c) In subsection (3), substitute “Health Service Executive” for “health board”.
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13.
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Section 14
|
(a) In subsection (1), substitute “the Health Service Executive under this Part, the Executive” for “a health board under this Part, the board”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.
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14.
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Section 15
|
Substitute “The Health Service Executive” for “A health board”.
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15.
|
Section 16
|
(a) Substitute “the Health Service Executive that a child” for “a health board with respect to a child who resides or is found in its area that he”.
(b) Substitute “Executive” for “health board”.
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16.
|
Section 17
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board”.
(b) In subsection (2), substitute “Health Service Executive” for each reference to “health board”.
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17.
|
Section 18
|
(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board with respect to a child who resides or is found in its area”.
(b) In subsections (2) and (3), substitute “Health Service Executive” for “health board”.
(c) In subsections (4) and (5)(b), substitute “the Health Service Executive” for “a health board” and “the health board”.
(d) In subsections (7) and (8), substitute “Health Service Executive” for “health board”.
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18.
|
Section 19
|
(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board, with respect to a child who resides in its area” and substitute “Health Service Executive” for “health board”.
(b) In subsections (2) to (5) and (7), substitute “the Health Service Executive” for each reference to “a health board”, “the health board” or “the board”.
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19.
|
Section 20
|
(a) In subsection (1), substitute “the Health Service Executive” for “the health board for the area in which the child resides or is for the time being”.
(b) In subsection (2), substitute “Health Service Executive” for “health board”.
(c) In subsection (3), substitute “Health Service Executive” for “health board concerned”.
(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.
(e) Insert the following subsection after subsection (4):
“(5) Where, before the amendment of this section by the Health Act 2004, a health board was directed to undertake an investigation into a child's circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Health Service Executive—
(a) any direction given under this section by the court to the health board in respect of the child concerned shall be deemed to have been given to the Executive,
(b) the investigation may be completed by the Executive, and
(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Executive.”.
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20.
|
Section 23
|
(a) In paragraph (a), substitute “the Health Service Executive” for “a health board”.
(b) In paragraph (b), substitute “the Health Service Executive” for “the health board”.
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21.
|
Section 23A
|
(a) In subsection (1), substitute “the Health Service Executive that a child” for “a health board with respect to a child who resides or is found in its area that the child” and substitute “the Health Service Executive” for “the health board”.
(b) In subsection (2), substitute “the Health Service Executive” for “the health board”.
(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.
(d) Insert the following subsections after subsection (3):
“(4) Where, before the amendment of this section by the Health Act 2004, a health board arranged for the convening of a family welfare conference in respect of a child but the health board did not apply for an order under this Part in respect of the child before the establishment day of the Health Service Executive, the Executive shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (1)(a).
(5) Where, before the amendment of this section by the Health Act 2004, a health board sought the views of the Special Residential Services Board on the health board's proposal to apply for an order under this Part in respect of a child but the health board did not apply for the order before the establishment day of the Health Service Executive, the Executive shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (2)(b).”.
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22.
|
Section 23B
|
(a) In subsection (1), substitute “the Health Service Executive with respect to a child” for “a health board with respect to a child who is in its care or who resides or is found within its area”.
(b) In subsection (2), substitute “Health Service Executive” for “health board concerned” and for “health board”.
(c) In subsection (3), substitute “Health Service Executive” for “health board”.
(d) In subsection (4)(b), substitute “Health Service Executive” for “health board concerned”.
(e) In subsection (5), substitute “Health Service Executive” for “health board concerned” and substitute “it shall” for “the board shall”.
(f) In subsection (7), substitute “Health Service Executive” for “health board” and in paragraph (a) of that subsection substitute “as it” for “as the board”.
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23.
|
Section 23C
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute the following paragraph for paragraph (a):
“(a) That the Executive is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child or is deemed under section 23A(4) and (5) to have complied with those requirements.”.
(b) In subsection (2)(b), substitute “Health Service Executive” for “health board”.
(c) In subsection (3), substitute “Health Service Executive” for “health board concerned”.
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24.
|
Section 23D
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “custody of the Executive and shall inform it” for “custody of the health board for the area in which the child normally resides and shall inform the board”.
(b) In subsection (2), substitute “the Health Service Executive” for each reference to “a health board” and to “the health board”.
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25.
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Section 23E
|
In subsection (1), substitute “Health Service Executive” for “health board concerned”.
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26.
|
Section 23F
|
In subsection (2), substitute “the Health Service Executive” for each reference to “a health board” or to “the health board”.
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27.
|
Section 23J
|
Substitute “the Health Service Executive” for “a health board”.
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28.
|
Section 23K
|
(a) Substitute the following subsections for subsection (1):
“(1) For the purposes of sections 23B and 23C, the Health Service Executive may, with the Minister's approval, provide special care units and maintain special care units whether provided by the Executive or provided by a health board before the establishment day of the Executive.
(1A) The Health Service Executive may, subject to its available resources and any general directions issued by the Minister, make arrangements with a voluntary body or other person for the provision and operation of a special care unit by that body or person on behalf of the Executive.
(1B)
Section 38
(2) to (9) of the Health Act 2004 shall apply with the necessary modifications in respect of an arrangement under this section with a voluntary body or other person for the provision and operation of a special care unit and the body or person making such arrangement with the Health Service Executive is for the purpose of Part 9 of that Act a service provider as defined in
section 2
of that Act.”.
(b) In subsection (2), substitute “the Health Service Executive” for “the health board”.
(c) In subsection (4), substitute “Health Service Executive” for “health board concerned”.
(d) Insert the following subsection after subsection (4):
“(4A) A certificate issued by the Minister to a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been issued to the Health Service Executive.”.
(e) In subsection (6), substitute “the Health Service Executive” for “health boards”.
(f) In subsection (7)(f), substitute the following for subparagraph (i):
“(i) in case the units were provided in accordance with an arrangement referred to in subsection (1A), the Health Service Executive, and”.
(g) Substitute the following subsection for subsection (8):
“(8) Section 10(1) and (2) shall apply with any necessary modifications in relation to a voluntary body or other person with whom the Health Service Executive enters into an arrangement referred to in subsection (1A).”.
(h) In subsection (9), substitute “the Health Service Executive” for “a health board”.
(i) In subsection (10), substitute “subsection (1A)” for “subsection (1)(b)”.
|
|
29.
|
Section 23O
|
(a) Substitute the following definition for the definition of “authorised officer”:
“ ‘authorised officer’ means a person appointed by the Health Service Executive under section 23S;”.
(b) Delete the definition of “health board”.
(c) In the definition of “private foster care arrangement” in paragraphs (b) and (h), substitute “the Health Service Executive” for “a health board”.
|
|
30.
|
Section 23P
|
(a) In subsections (1) and (2), substitute “Health Service Executive” for “health board”.
(b) Substitute the following subsection for subsection (3):
“(3) Any person arranging or undertaking a private foster care arrangement before the establishment day of the Health Service Executive who has submitted to a health board before that day the information the health board required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).”.
|
|
31.
|
Section 23Q
|
(a) In subsection (1), substitute “Health Service Executive” for each reference to “health board”.
(b) In subsection (2), substitute “Health Service Executive” for “relevant health board” and substitute “the Executive” for “the health board”.
|
|
32.
|
Section 23S
|
In subsection (1), substitute “The Health Service Executive shall appoint such and so many of its employees” for “A health board shall appoint such and so many of its officers”.
|
|
33.
|
Section 23T
|
(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”. (b) In subsection (2), substitute “Health Service Executive” for “health board”.
|
|
34.
|
Section 23U
|
Substitute “the Health Service Executive” for “a health board” and for “the health board”.
|
|
35.
|
Section 23V
|
(a) In subsection (2)(b), substitute “Health Service Executive” for “relevant health board”.
(b) In subsection (3), substitute “Health Service Executive” for “health board”.
|
|
36.
|
Section 23W
|
In subsection (1)(a) and (d), substitute “Health Service Executive” for “relevant health board”.
|
|
37.
|
Section 23X
|
Substitute “the Health Service Executive” for “a health board”.
|
|
38.
|
Section 25
|
(a) In subsection (4), substitute “Health Service Executive” for “health board concerned” and substitute “The Executive” for “The health board”.
(b) In subsection (5), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board” and for “that board”.
|
|
39.
|
Section 26
|
(a) In subsection (2), substitute “Health Service Executive” for “health board concerned” and for “health board”.
(b) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board” and for “that board”.
|
|
40.
|
Section 34
|
In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board” and for “that board”.
|
|
41.
|
Section 35
|
Substitute “the Health Service Executive” for “a health board” and for “the health board”.
|
|
42.
|
Section 36
|
(a) In subsection (1), substitute—
(i) “care of the Health Service Executive” for “care of a health board”,
(ii) “the Executive shall” for “the health board shall”,
(iii) “by the Executive” for “by a health board”, and
(iv) “as the Executive” for “as the health board”.
(b) In subsections (2) and (3), substitute “the Health Service Executive” for “a health board”.
|
|
43.
|
Section 37
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.
(b) In subsection (2), substitute “by the Health Service Executive under subsection (1) or by a health board under that subsection before the amendment of the subsection by the Health Act 2004“ for “by a health board under subsection (1)”.
(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.
|
|
44.
|
Section 38
|
(a) In subsections (1) and (2), substitute “The Health Service Executive” for “A health board”.
(b) In subsection (3), substitute “the Health Service Executive” for “health boards”.
|
|
45.
|
Section 39
|
(a) In subsection (1), substitute “the Health Service Executive” for “health boards”.
(b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.
|
|
46.
|
Section 40
|
(a) In subsection (1), substitute “the Health Service Executive” for “health boards”.
(b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.
|
|
47.
|
Section 41
|
(a) In subsections (1) and (2)(a), substitute “the Health Service Executive” for “health boards”.
(b) In subsection (2)(b) and (c), substitute “the Health Service Executive” for “a health board”.
|
|
48.
|
Section 42
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board”.
(b) In subsection (2)(c), substitute “Health Service Executive” for “board”.
|
|
49.
|
Section 43
|
(a) Substitute the following subsection for subsection (1):
“(1) The Health Service Executive may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before or after the amendment of that section by the Health Act 2004.”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.
(c) In subsection (3), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board” and for “that board”.
(d) In subsection (5), substitute “the Health Service Executive” for “the board”.
(e) In subsection (6), substitute “the Health Service Executive” for “a health board”.
|
|
50.
|
Section 44
|
(a) Substitute the following subsection for subsection (1):
“(1) Where a child becomes adopted under the Adoption Acts 1952 to 1998 and the child was immediately before the adoption being maintained in foster care by a health board or the Health Service Executive with the adopter or adopters, the Health Service Executive may, subject to any general directions given by the Minister and subject to such conditions as the Executive sees fit, contribute to the child's maintenance as if the child continued to be in foster care.”.
(b) In subsection (2), substitute “the Adoption Acts 1952 to 1998” for “the Adoption Acts, 1952 to 1988”.
|
|
51.
|
Section 45
|
(a) In subsection (1)(a) and (b), substitute “the Health Service Executive” for each reference to “a health board” and substitute “the Executive” for each reference to “the board”.
(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.
(c) In subsection (3), substitute “the Health Service Executive” for “a health board”.
(d) In subsection (4), substitute “the Health Service Executive” for “a health board”.
|
|
52.
|
Section 46
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the board”.
(b) In subsection (2), substitute “Health Service Executive” for “health board” and substitute “Executive” for “board”.
(c) Insert the following subsection after subsection (2):
“(2A) A request made by a health board to the Garda Síochána under subsection (2) before the amendment of that subsection by the Health Act 2004 shall be deemed to have been made by the Health Service Executive if the child in respect of whom the request was made is not delivered up to the health board before the establishment day of the Executive.”.
(d) In subsection (3), substitute “Health Service Executive” for “board”.
(e) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for each reference to “the health board” or “that board”.
(f) In subsection (6), substitute “the Health Service Executive” for “the board”.
|
|
53.
|
Section 47
|
Substitute “the Health Service Executive” for “a health board”.
|
|
54.
|
Section 49
|
(a) In the definition of “pre-school service” substitute “the Health Service Executive” for “health boards”.
(b) Delete the definition of “relevant health board”.
|
|
55.
|
Section 50
|
In subsection (2)(b) and (c), substitute “the Health Service Executive” for “health boards”.
|
|
|
|
| | |
56.
|
Section 51
|
Substitute the following for section 51:
|
|
|
|
“Notice to Health Service Executive.
|
51.—(1) A person who proposes to carry on a preschool service shall give notice to the Health Service Executive in the prescribed manner.
(2) A person who, before the amendment of this section by the Health Act 2004, gave notice to a health board in the prescribed manner shall be deemed for the purposes of this Part to have given notice to the Health Service Executive.”.
|
|
| | |
57.
|
Section 53
|
Substitute “The Health Service Executive” for “A health board” and delete “in its area”.
|
|
58.
|
Section 54
|
(a) In subsection (1), substitute “The Health Service Executive shall appoint such and so many of its employees” for “A health board shall appoint such and so many of its officers”.
(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.
|
|
59.
|
Section 55
|
(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”.
(b) In subsection (2), substitute “Health Service Executive” for “relevant health board” and substitute “Executive” for “health board”.
|
|
60.
|
Section 56
|
(a) In subsection (1), substitute “The Health Service Executive” for “A health board” and delete “in its area”.
(b) In subsection (2), substitute “the Health Service Executive” for “health boards”.
(c) Substitute the following subsection for subsection (3):
“(3) The Health Service Executive shall make available to any interested person information on pre-school services in any of its functional areas, whether those services are provided by the Executive or otherwise.”.
|
|
61.
|
Section 59
|
(a) In the definition of “children's residential centre”, substitute “in the care of the Health Service Executive” for “in the care of health boards” and substitute “the Health Service Executive” for “a health board”.
(b) Substitute the following definition for the definition of “register”:
“ ‘register’ means a register of children's residential centres that is established or deemed to have been established by the Health Service Executive under section 61, and cognate words shall be construed accordingly;”.
|
|
62.
|
Section 61
|
(a) Substitute the following for subsection (1):
“(1) The Health Service Executive shall establish and maintain a register of children's residential services in each functional area of the Executive.
(1A) For the purpose of subsection (1), each register of children's residential centres established by a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been established by the Health Service Executive and shall be maintained by the Executive.”.
(b) In subsection (3)(a), substitute “The Health Service Executive” for “A health board” and delete “in its functional area”.
(c) In subsection (3), insert the following paragraph after paragraph (b):
“(c) An application for registration made to a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been made to the Health Service Executive if the health board has not, before the establishment day of the Executive, registered or refused to register the centre in relation to which the application was made.”.
(d) In subsection (4), substitute “The Health Service Executive” for “A health board”.
(e) In subsection (5), substitute “The Health Service Executive” for “A health board” and in paragraph (b)(iii) of that subsection substitute “Health Service Executive” for each reference to “board”.
(f) In subsection (6)(a), substitute “The Health Service Executive” for “A health board”.
(g) In subsection (6), insert the following paragraph after paragraph (b):
“(6A) Conditions imposed, amended or revoked by a health board before the amendment of this subsection by the Health Act 2004 shall be deemed to have been imposed, amended or revoked by the Health Service Executive.”.
(h) In subsection (8)(a), substitute “The Health Service Executive” for “A health board”.
(i) In subsection (8)(b), substitute “the Health Service Executive” for “a health board” and substitute “to the Executive” for “to the board”.
(j) In subsection (9), substitute “Health Service Executive” for “health board concerned” and substitute “if the Executive” for “if the board”.
(k) In subsection (10)(a)(ii), substitute “the Health Service Executive” for “the health board concerned”.
(l) In subsection (11)(a), substitute “the Health Service Executive” for “a health board”.
(m) In subsection (11)(b), substitute “Health Service Executive” for “health board concerned” and substitute “and the Executive” for “and the board”.
(n) In subsection (12), substitute “the Health Service Executive” for each reference to “a health board” or to “the board”.
|
|
63.
|
Section 62
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and for “the health board”.
(b) In subsection (4), substitute “Health Service Executive” for “health board concerned” and for “health board”.
(c) In subsection (5), substitute “Health Service Executive” for “health board concerned”.
|
|
64.
|
Section 63
|
(a) In subsection (2)(f), substitute “employees of the Health Service Executive” for “officers of health boards”.
(b) In subsection (2)(g), substitute “the Health Service Executive” for “a health board” and substitute “the Executive and its employees” for “the appropriate health boards and their officers”.
(c) In subsection (4)(a), substitute “Health Service Executive” for “health board concerned”.
(d) In subsection (5), substitute “the Health Service Executive or any of its employees” for each reference to “a health board or an officer of a health board”.
|
|
65.
|
Section 65
|
(a) In subsection (1), substitute “Health Service Executive” for “health board for the area in which the centre is situated”.
(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.
(c) Insert the following subsection after subsection (2):
“(3) A notice given to a health board in accordance with subsection (1) before the amendment of that subsection by the Health Act 2004 shall be deemed to have been given to the Health Service Executive.”.
|
|
66.
|
Section 66
|
(a) Substitute the following subsection for subsection (1):
“(1) An employee of a children's residential centre to which this section applies shall, for the purposes of sections 23, 60(6) and 61 of the Health Act 2004, be deemed to be employed by the Health Service Executive.”.
(b) In subsection (2), substitute “Health Service Executive” for “health board for the area in which the centre is situated”.
(c) In subsection (3), substitute “the Health Service Executive” for each reference to “a health board”.
|
|
67.
|
Section 69
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the health board”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (4), substitute in paragraph (a) “the Health Service Executive” for “a health board” and substitute in paragraph (b) “employees of the Health Service Executive” for “such members of the staff of the board”.
(d) In subsection (5), substitute “the Health Service Executive” for each reference to “a health board”.
|
|
68.
|
Section 70
|
(a) In subsection (1), substitute “Health Service Executive” for “health board”.
(b) In subsections (2) and (3), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (4), substitute “the Health Service Executive” for “a health board” and substitute “the Executive” for “the board”.
(d) In subsection (5), substitute “the Health Service Executive” for “a health board”.
|
|
69.
|
Section 71
|
In subsection (1), substitute “Health Service Executive” for “health board for the area in
which the offence is alleged to have been committed”.
|
|
|
|
| |
PART 7
Amendment of Freedom of Information Act 1997
|
| | |
Item
|
Provision affected
|
Amendment
|
|
1.
|
Section 2
|
(a) In subsection (1) in the definition of “director”, substitute “the Health Service Executive” for “health board”.
(b) In subsection (1) in the definition of “personal information” in subparagraph (ix), substitute “the Health Service Executive” for “a health board”.
|
|
2.
|
Section 15
|
In subsection (2), substitute the following paragraph for paragraph (c):
“(c) in the case of the Health Service Executive, 6 months after establishment day, and”.
|
|
3.
|
Section 16
|
In subsection (2), substitute the following paragraph for paragraph (c):
“(c) in the case of the Health Service Executive, 6 months after establishment day, and”.
|
|
4.
|
Section 22
|
In subsection 1(c)(i), delete “a health board,”.
|
|
5.
|
First Schedule
|
In paragraph 1(4), substitute “the Health Service Executive.” for “a health board.”.
|
|
6.
|
Third Schedule
|
(a) In Part 1, Column (2), insert “Health Act 2004.“.
(b) In Part 1, Column (3), insert “
section 26
.“ opposite the mention in Column (2) of the Health Act 2004.
|
|
|
|
| |
PART 8
Amendment of Education Act 1998
|
| | |
Item
|
Provision affected
|
Amendment
|
|
1.
|
Section 2
|
In subsection (1) in the definition of “school” substitute “the Health Service Executive” for “a health board”.
|
|
2.
|
Section 6
|
In paragraph (g), substitute “the Health Service Executive” for “health boards”.
|
|
3.
|
Section 7
|
(a) In subsection (5), substitute “the Health Service Executive.” for “a relevant health board.”.
(b) In subsection (6), substitute “The Health Service Executive” for “A health board”.
|
|
4.
|
Section 33
|
In paragraph (j)(iii), substitute the following subparagraph for subparagraph (iii):
“(iii) the Health Service Executive, and”.
|
|
|
|
| |
PART 9
Amendment of Protection for Persons Reporting Child Abuse Act 1998
|
| | |
Item
|
Provision affected
|
Amendment
|
|
1.
|
Section 1
|
(a) In subsection (1), substitute the following definition for the definition of “designated officer”:
“ ‘designated officer’ means an employee of the Health Service Executive appointed under section 2 of this Act to be a designated officer for the purposes of this Act;”.
(b) In subsection (1), delete the definition of “health board”.
|
|
2.
|
Section 2
|
Substitute the following section for section 2:
“(1) The Health Service Executive shall from time to time as occasion may require (including a case in which a direction is given under this section), appoint one or more employees of the Health Service Executive to be a designated officer or designated officers for the purposes of this Act; in making any such appointment the Health Service Executive shall comply with any direction under this section for the time being in force.
(2) The Minister may give a direction in writing to the Health Service Executive requiring it to appoint to be designated officers each person falling within a category or categories of employee of the Health Service Executive specified in the direction.
(3) The Minister may give a direction in writing to the Health Service Executive amending or revoking a direction given to it under this section (including a direction under this subsection).”.
|
|
|
|
| |
PART 10
Amendment of Education (Welfare) Act 2000
|
| | |
Item
|
Provision affected
|
Amendment
|
|
1.
|
Section 2
|
In subsection (1), delete the definition of “health board”.
|
|
2.
|
Section 12
|
(a) In subsection (2), substitute “the Health Service Executive” for “a health board”.
(b) In subsection (6)(g), substitute “the Health Service Executive;” for “a health board;”.
|
|
3.
|
Section 25
|
In subsection (8), substitute “the Health Service Executive.” for “the health board of the area in which that parent resides.”.
|
|
|
|
| |
PART 11
Amendment of Children Act 2001
|
| | |
Item
|
Provision affected
|
Amendment
|
|
1.
|
Section 3(1)
|
(a) Delete the definition of “area”.
(b) In the definition of “family welfare conference” substitute “the Health Service Executive” for “a health board”.
(c) In the definition of “guardian” substitute “the Health Service Executive” for “a health board”.
|
|
2.
|
Section 7
|
(a) In subsection (1), substitute—
(i) in paragraph (a), “the Health Service Executive” for “a health board”,
(ii) in paragraph (b), “to the Health Service Executive that a child may require” for “to a health board that a child who resides or is found in its area may require”, and
(iii) “the Health Service Executive shall” for “the health board shall”.
(b) In subsection (3), substitute “The Health Service Executive” for “A health board” and substitute “the Health Service Executive” for “the health board”.
|
|
3.
|
Section 8
|
(a) In subsection (1)(b) and (c), substitute “Health Service Executive” for each reference to “health board concerned” and “health board”.
(b) In subsection (3), substitute “Health Service Executive” for “health board”.
|
|
4.
|
Section 9
|
In subsection (1), substitute the following paragraph for paragraph (e):
“(e) an employee or employees of the Health Service Executive;”.
|
|
5.
|
Section 11
|
Substitute “The Health Service Executive” for “A health board”.
|
|
6.
|
Section 12
|
(a) Substitute the following paragraph for paragraph (e):
“(e) the Health Service Executive;”.
(b) In paragraph (f), substitute “Health Service Executive” for “health board”.
|
|
7.
|
Section 13
|
(a) In subsection (1), substitute “Health Service Executive” for “health board concerned”.
(b) In subsection (2), substitute “Health Service Executive” for “health board”.
|
|
8.
|
Section 15A
|
(a) Insert the following section in Part 2, after section 15:
|
|
|
|
“Transitional provisions relating to Health Act 2004.
|
15A.—(1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004.
(2) Where a family welfare conference convened under section 7 on behalf of a health board has not discharged its functions before the establishment day of the Health Service Executive, the conference shall be deemed to have been convened on behalf of the Executive.
(3) Where a direction given by a health board under section 7(3) to a family welfare conference is not complied with before the establishment day of the Health Service Executive, the direction shall be deemed to have been given to the Executive.
(4) Where a recommendation has been made or a matter has been referred to a health board by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the
Child Care Act 1991
before the establishment day of the Health Service Executive, the recommendation shall be deemed for the purposes of this Act and the
Child Care Act 1991
to have been made or the matter referred to the Executive.”.
|
|
9.
|
Section 32
|
In subsection (3), substitute the following for paragraph (a):
“(a) the Health Service Executive;”.
|
|
10.
|
Section 53
|
(a) In subsections (2) and (3), substitute “the Health Service Executive” for “the health board for the area in which the child normally resides”.
(b) In subsection (4), substitute “the Health Service Executive” for each reference to “a health board” or “the health board”.
(c) In subsection (5)(b), substitute “the Health Service Executive” for “a health board”.
|
|
11.
|
Section 59
|
(a) In subsection (1), substitute “the Health Service Executive accordingly, and it shall” for “the health board for the area in which the station is located accordingly, and the health board shall”.
(b) In subsections (2), (3) and (4), substitute “Health Service Executive” for “health board”, wherever occurring.
|
|
12.
|
Section 70
|
In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.
|
|
13.
|
Section 77
|
(a) In subsection (1)(a), substitute “the Health Service Executive” for “the health board for the area in which the child is for the time being residing”.
(b) In subsections (2) and (3), substitute “the Health Service Executive” for each reference to “a health board” or “the health board”.
|
|
14.
|
Section 113
|
In subsection (8), substitute “the Health Service Executive” for “a health board”.
|
|
15.
|
Section 114
|
In subsection (11), substitute “the Health Service Executive” for “a health board”.
|
|
16.
|
Section 167
|
In subsection (4)(b), substitute “an employee of the Health Service Executive” for “an officer of a health board”.
|
|
17.
|
Section 227
|
In subsection (1)(e), substitute “the Health Service Executive” for “a health board”.
|
|
18.
|
Section 230
|
(a) In subsection (3)(b), substitute “Health Service Executive” for “chief executive officers of health boards”.
(b) Insert the following subsection after subsection (6):
“(7) Representatives of a health board appointed as members of the Board before the establishment of the Health Service Executive, continue, subject to subsection (4), to hold that office but from the commencement of this subsection shall be deemed to be representatives of the Executive.”.
|
|
19.
|
Section 254
|
In subsection (4)(b), substitute “the Health Service Executive” for “a health board”.
|
|
20.
|
Section 268
|
Substitute “the Health Service Executive” for “a health board” and for “the health board”.
|
|
|
|
| |
PART 12
Amendment of Mental Health Act 2001
|
| | |
Item
|
Provision affected
|
Amendment
|
|
1.
|
Section 2
|
(a) In subsection (1), delete the definition of “functional area”.
(b) In subsection (1), delete the definition of “health board”.
(c) In subsection (1), in the definition of “consultant psychiatrist”, substitute “the Health Service Executive” for “a health board”.
|
|
2.
|
Section 9
|
(a) In subsection (7), substitute “a member of the Board of the Health Service Executive.” for “a member of a health board.”.
(b) In subsection (8) in the definition of “authorised officer”, substitute “the Health Service Executive” for “a health board”.
|
|
3.
|
Section 23
|
(a) In subsection (2), substitute “the Health Service Executive.” for “the health board for the area in which he or she is for the time being.”.
(b) In subsection (3), substitute “the Health Service Executive” for “the health board”, wherever occurring.
|
|
4.
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Section 25
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(a) Substitute the following subsection for subsection (1):
“(1) Where it appears to the Health Service Executive that—
(a) a child is suffering from a mental disorder, and
(b) the child requires treatment which he or she is unlikely to receive unless an order is made under this section,
then, the Health Service Executive may make an application to the District Court (‘the court’) in the district court district where the child concerned resides or is found for an order authorising the detention of the child in an approved centre.”.
(b) In subsections (2) to (4), substitute “the Health Service Executive” for “a health board”, wherever occurring.
(c) In subsections (2) to (4), substitute “the Health Service Executive” for “the health board”, wherever occurring.
(d) In subsection (9), substitute “the Health Service Executive” for “the health board concerned”.
(e) In subsection (10), substitute “the Health Service Executive” for “a health board”.
(f) In subsection (11), substitute the following paragraph for paragraph (a):
“(a) the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by the Health Service Executive on the application by it to the court under subsection (9) or (10), as the case may be, and”.
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5.
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Section 28
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In subsection (4), substitute “the Health Service Executive” for “the relevant health board”.
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6.
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Section 35
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In subsection (2), substitute the following paragraph for paragraph (h):
“(h) one shall be an employee of the Health Service Executive nominated by the Executive,”.
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7.
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Section 48
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In subsection (12), substitute “the Health Service Executive” for “a health board”.
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PART 13
Amendment of Youth Work Act 2001
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Item
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Provision affected
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Amendment
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1.
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Section 20
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Substitute the following subparagraph for sub paragraph (2)(b)(iv):
“(iv) the Health Service Executive,”.
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PART 14
Amendment of Education for Persons with Special Educational Needs Act 2004
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Item
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Provision affected
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Amendment
|
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1.
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Section 1
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In subsection (1), delete the definition of “health board”.
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2.
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Section 4
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(a) In subsections (1) and (3)(a), substitute “Health Service Executive” for “relevant health board”.
(b) In subsection (4), substitute “Health Service Executive” for “health board”.
(c) In subsection (5), substitute “The Health Service Executive” for “A health board”.
(d) In subsection (7), substitute “the Health Service Executive” for “a health board”.
(e) In subsection (8)(a), substitute “Health Service Executive” for “health board”.
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3.
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Section 5
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(a) In subsection (1), substitute “the Health Service Executive” for “the health board” and for “the board”.
(b) In subsection (2), substitute “The Health Service Executive” for “A health board”.
(c) In subsections (3), (4) and (6), substitute “Health Service Executive” for “health board” wherever occurring.
(d) In subsection (8), substitute “the Health Service Executive” for “the health board” and for “the board”.
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4.
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Section 6
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(a) In subsection (2)(a), substitute “Health Service Executive” for “health board”.
(b) In subsection (3), substitute “the Health Service Executive” for “a health board”.
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5.
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Section 7
|
(a) In subsection (1), substitute “Health Service Executive” for “relevant health board”.
(b) In subsection (2), substitute “the Health Service Executive” for “a health board”.
(c) In subsection (4), substitute “Health Service Executive” for “relevant health board” and for “health board” wherever occurring.
(d) In subsection (5), substitute “the Health Service Executive” for “a health board” and for “the health board”.
(e) In subsection (6), substitute “Health Service Executive” for “relevant health board”.
(f) In subsections (7) and (8), substitute “the Health Service Executive” for “a health board”.
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6.
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Section 8
|
In subsection (1), substitute “the Health Service Executive” for “a health board”.
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7.
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Section 12
|
(a) In subsection (1)(b), substitute “the Health Service Executive” for “a health board”.
(b) In subsection (2)(a), substitute “Health Service Executive” for “relevant health board”.
(c) In subsection (3), substitute “the Health Service Executive” for “a health board”.
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8.
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Section 16
|
Substitute “The Health Service Executive” for “A health board”.
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9.
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Section 17
|
Substitute the following section:
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|
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“Liaison officers.
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17.—(1) The Council and the Health Service Executive shall designate one or more of its employees or officers, not below such rank as the Council after consulting with the Health Service Executive shall determine, to perform the following functions, namely to ensure, so far as practicable that—
(a) the activities of the Council and those of the Health Service Executive, in so far as they relate to their respective functions under this Act, are coordinated, and
(b) the policies of the Council and those of the Health Service Executive, in so far as they relate to their respective functions under this Act, are consistent.
(2) Each employee or officer designated under subsection (1) shall be known as a liaison officer.”.
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10.
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Section 20
|
In subsection (1)(b), substitute “the Health Service Executive” for “health boards”.
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11.
|
Section 39
|
(a) In subsection (1), substitute “the Health Service Executive” for “a health board”.
(b) In subsection (2), substitute “the Health Service Executive.” for “the board concerned.”.
(c) In subsection (3), substitute “The Health Service Executive” for “A board of which a request under subsection (1) is made”.
(d) In subsection (4), substitute “the Health Service Executive” for “a board”.
(e) In subsection (5), substitute “the Health Service Executive” for “the board”.
(f) In subsection (6)(a), substitute “the Health Service Executive” for “the board concerned”.
(g) In subsection (7), substitute “The Health Service Executive” for “A health board”.
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12.
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Section 41
|
In subsection (2), substitute “the Health Service Executive” for “health boards”.
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PART 15
Amendment of Residential Tenancies Act 2004
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| | |
Item
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Provision affected
|
Amendment
|
|
1.
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Section 4
|
(a) In subsection (1), in the definition of “public authority”, substitute the following paragraph for paragraphs (d) and (e):
“(d) the Health Service Executive established under
section 6
of the Health Act 2004,”.
(b) In subsection (1) in paragraph (f) of the definition of “public authority”, substitute “the Health Service Executive” for “a health board or an authority or board mentioned in paragraph (e) of this definition”.
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