Health Act, 1970

Performance of duties of officers.

17.—(1) In the performance of their duties, the chief executive officer and the other officers of a health board shall act in accordance with such decisions and directions (whether of a general or a particular nature) as, subject to subsection (3), are conveyed to or through the chief executive officer by the board, and in accordance with any such decisions and directions so conveyed of a committee to which functions have been delegated by the board.

(2) When the chief executive officer or another officer of a health board performs a duty in accordance with subsection (1), he shall be deemed to act on behalf of the board.

(3) The board shall not take any decision or give any direction in relation to any matter which under this Act or any other enactment is a function of the chief executive officer or of another officer of the board.

(4) The following functions relating to a health board shall be functions of the chief executive officer of the board—

(a) any function specified by this Act or by any other enactment to be a function of the chief executive officer of the board,

(b) any function with respect to a decision as to whether or not any particular person shall be eligible to avail himself of a service (including a service for the payment of grants or allowances), or as to the extent to which, and the manner in which, a person shall avail himself of any such service,

(c) any function with respect to a decision as to the making or recovery of a charge, or the amount of any charge for a service for a particular person,

(d) any function with respect to the control, supervision, service, remuneration, privileges or superannuation of officers and servants of the board,

(e) such other functions as may be prescribed.

(5) Any dispute—

(a) as to whether or not a particular function is a function of the chief executive officer, or

(b) as to whether or not a particular function is a function of an officer of a health board other than the chief executive officer,

shall be determined by the Minister.