Health Service Executive (Governance) Act 2019

Amendment of section 31 of Principal Act

18. Section 31 of the Principal Act is amended—

(a) in subsection (4), by the substitution of the following paragraph for paragraph (g):

“(g) accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister and the Government.”,

(b) by the substitution of the following subsection for subsection (6):

“(6) If the Executive fails to submit a service plan to the Minister before the expiry of the specified period, the Minister may, in writing, issue a direction, directing the Executive to prepare and submit a service plan to him or her 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.”,

(c) by the insertion of the following subsection after subsection (6):

“(6A) (a) Subject to paragraph (b), if the Executive fails to comply with a direction under subsection (6), the Minister may, in writing, issue a direction, directing the chief executive officer to prepare and submit a service plan to him or her not later than—

(i) 10 days after the date on which the Minister issues the direction to the chief executive officer, or

(ii) such earlier date as may be specified in the direction.

(b) For the purposes of the chief executive officer preparing and submitting a service plan to the Minister in accordance with a direction issued under paragraph (a), references to the Executive in subsections (3), (5), (8) and (9) (other than in subsection (9)(d)) shall be read as including references to the chief executive officer.”,

(d) in subsection (7), by the substitution of “chief executive officer in compliance with subsection (6A)” for “Director General in compliance with subsection (6)”,

(e) in subsection (9), by the substitution of the following paragraph for paragraph (d):

“(d) does not accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister or the Government to the extent to which those policies and objectives relate to the functions of the Executive and have been communicated in writing to the Executive prior to the commencement of the specified period.”,

and

(f) in subsection (11), by the substitution of “chief executive officer” for “Director General”.