Health Service Executive (Governance) Act 2019

Provisions supplementary to section 40H

24. The Principal Act is amended by the insertion of the following section after section 40H:

“40HA. (1) The Minister shall, by order, appoint a day to be the relevant day for the purposes of section 40H.

(2) The old audit committee shall stand dissolved on the relevant day.

(3) Anything commenced and not completed before the relevant day by or under the authority of the old audit committee may, in so far as it relates to a function of the new audit committee, be carried on or completed on or after that day by the new audit committee.

(4) Every document granted or made, by the old audit committee, if and in so far as it was operative immediately before the relevant day, shall have effect on and after that day as if it had been granted or made by the new audit committee.

(5) Each record held by the old audit committee immediately before the relevant day shall, on that day, stand transferred to the new audit committee and shall, on and after that day, be the property of the new audit committee and be regarded as being held by the new audit committee.

(6) In this section and section 40I—

‘new audit committee’ means the audit committee established pursuant to section 40H after the commencement of section 23 of the Health Service Executive (Governance) Act 2019;

‘old audit committee’ means the audit committee established pursuant to section 40H before the commencement of section 23 of the Health Service Executive (Governance) Act 2019;

‘relevant day’ shall be construed in accordance with subsection (1).”.