S.I. No. 326/2022 - Health (Miscellaneous Provisions) Act 2022 (Sections 41 and 48) (Commencement) Order 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th July, 2022.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by section 1 (2) of the Health (Miscellaneous Provisions) Act 2022 (No. 6 of 2022), after consultation with the Minister for Children, Equality, Disability, Integration and Youth, hereby order as follows:

1. This Order may be cited as the Health (Miscellaneous Provisions) Act 2022 (Sections 41 and 48) (Commencement) Order 2022.

2. The 1st day of July 2022 is appointed as the day on which sections 41 and 48 of the Health (Miscellaneous Provisions) Act 2022 (No. 6 of 2022) shall come into operation.

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GIVEN under my Official Seal,

1 July, 2022.

STEPHEN DONNELLY,

Minister for Health.

EXPLANATORY NOTE

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

The Health (Miscellaneous Provisions) Act 2022 provides for revised corporate governance and accountability arrangements of the HSE, including consultation in certain matters between the Minister for Health (MOH) and Minister for Children, Equality, Disability, Integration and Youth (MCEDIY), arising in respect of the transfer of policy, functions and responsibility of the Specialist Community Based Disability Services from MOH to MCEDIY.

The Minister intends to commence Sections 41 and 48 of the Act at the earliest opportunity. These two sections relate to the Board of the HSE.

• Section 41 replaces the requirement of the Board to appoint a Chairperson of the audit committee from among the Committee’s external members, with the provision allowing the Board to appoint a chairperson from among any of the members of the Committee.

• Section 48 deletes the word “ordinary” to allow for a quorum of 7 members of the board.

The MCEDIY has been consulted in line with Section 1 (2) of the Health (Miscellaneous Provisions) Act 2022 and has noted there are no additional comments.