Nursing Homes Support Scheme (Amendment) Act 2021

Amendment of section 45 of Principal Act

25. Section 45 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (2):

“(2A) Subject to subsection (3A), the Executive shall, as soon as practicable after the coming into operation of section 25 of the Act of 2021, and from time to time thereafter where it considers it appropriate to do so, prepare and publish a revised code of practice for the purposes referred to in subsection (2).”,

(b) by the insertion of the following subsection after subsection (3):

“(3A) The Executive shall not perform the function under subsection (2A) except after consultation with the Data Protection Commission.”,

(c) in subsection (7), by the substitution of the following paragraph for paragraph (a):

“(a) applications for State support, applications under section 14A, 14F, 14G, 14H, 14K or 14L and notifications under section 14F or 14G (including any documents accompanying such applications or notifications),”,

and

(d) in subsection (11), by the substitution of the following definition for the definition of “relevant record”:

“‘relevant record’ means—

(a) any record which will or may assist the Executive to determine an application for State support, an application under section 14A, 14F, 14G, 14H, 14K or 14L or a request for refundable State support,

(b) any record pertaining to a notification under section 14F or 14G, or

(c) any documents accompanying—

(i) an application referred to in paragraph (a), or

(ii) a notification referred to in paragraph (b).”.