Health Act 2007
Interpretation. |
2.— (1) In this Act: | |
“ Authority ” means the Health Information and Quality Authority established under section 6 ; | ||
“ Board ” means the Board, referred to in section 13 , of the Authority; | ||
“ dependent person ” means dependent person as defined in section 1 (1) of the Health (Nursing Homes) Act 1990 ; | ||
“ designated centre ” means an institution— | ||
(a) at which residential services are provided by the Executive, a service provider or a person that is not a service provider but who receives assistance under section 39 of the Health Act 2004 or under section 10 of the Child Care Act 1991 — | ||
(i) in accordance with the Child Care Act 1991 , | ||
(ii) to persons with disabilities, in relation to their disabilities, or | ||
(iii) to other dependent persons, in relation to their dependencies, | ||
or | ||
(b) that is a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990 , | ||
but does not include any of the following: | ||
(i) a centre registered by the Mental Health Commission; | ||
(ii) an institution managed by or on behalf of a Minister of the Government; | ||
(iii) that part of an institution in which the majority of persons being cared for and maintained are being treated for acute illness or provided with palliative care; | ||
(iv) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities; | ||
(v) a special care unit; | ||
(vi) a children detention school as defined in section 3 of the Children Act 2001 ; | ||
“disability” means disability as defined in section 2 of the Disability Act 2005 and the term “substantial restriction” in that definition shall be construed as meaning a restriction as described in paragraphs (a) and (b) of section 7(2) of that Act; | ||
“ Executive ” means the Health Service Executive established under the Health Act 2004 ; | ||
“ financial year ” means a period of 12 months ending on 31 December in any year; | ||
“ Interim Health Information and Quality Authority ” means the body established by the Interim Health Information and Quality Authority (Establishment) Order, 2005 ( S.I. No. 132 of 2005 ); | ||
“ Irish Health Services Accreditation Board ” means the body established by the Irish Health Services Accreditation Board (Establishment) Order, 2002 ( S.I. No. 160 of 2002 ); | ||
“ local authority ” has the same meaning as in the Local Government Act 2001 ; | ||
“ Mental Health Commission ” means the body established by section 32 of the Mental Health Act 2001 ; | ||
“ member ” in relation to the Board includes the chairperson; | ||
“ Minister ” means the Minister for Health and Children; | ||
“ ordinary member ” means a member of the Board other than the chairperson; | ||
“ prescribed ” means prescribed by regulation made by the Minister; | ||
“public authority” means any of the following: | ||
(a) a Minister of the Government; | ||
(b) the Commissioners of Public Works in Ireland; | ||
(c) a local authority; | ||
(d) a harbour authority within the meaning of the Harbours Act 1946 ; | ||
(e) a board or other body (but not a company) established by or under statute; | ||
(f) a company in which all the shares are held by or on behalf of, or by directors appointed by, a Minister of the Government; | ||
(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f); | ||
(h) any other body prescribed for the purpose of any provision of this Act; | ||
“register” means a register of designated centres established under section 41 (b); | ||
“ registered provider ” in relation to a designated centre means the person whose name is entered in a register as the person carrying on the business of the designated centre; | ||
“ service provider ” means a person who— | ||
(a) enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Executive, or | ||
(b) is in receipt of assistance under— | ||
(i) section 39 of the Health Act 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph, or | ||
(ii) section 10 of the Child Care Act 1991 in an amount that exceeds an amount prescribed for the purpose of this subparagraph; | ||
“ special care unit ” means a special care unit provided and maintained in accordance with section 23K of the Child Care Act 1991 , by or on behalf of the Executive; | ||
“ superannuation benefit ” means a pension, gratuity or other allowance payable on resignation, retirement or death. | ||
(2) For the purposes of the definition of designated centre in subsection (1), “institution” means a home, centre or institution or part of a home, centre or institution. |