Health (Miscellaneous Provisions) Act 2022

Amendment of section 10AA of Principal Act

6. Section 10AA of the Principal Act is amended—

(a) in subsection (1), by the insertion of “or section 10C(2)(c) ” after “section 10(2)(c)”,

(b) in subsection (2), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions” after “the Minister”,

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

“(3A) (a) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10C(2)(c).

(b) Paragraph (a) shall not be construed to prevent the Minister for Children, Equality, Disability, Integration and Youth from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10C(2)(c).”,

(d) in subsection (4), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in the direction concerned under section 10C(2)(c)” after “section 10(2)(c)”,

(e) by the insertion of the following subsection after subsection (5):

“(5A) (a) Within one month after receiving a report under subsection (4), the Minister for Children, Equality, Disability, Integration and Youth shall—

(i) approve the report, or

(ii) if the Minister for Children, Equality, Disability, Integration and Youth is not satisfied with the report, issue a supplementary direction under section 10C(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister for Children, Equality, Disability, Integration and Youth, remedy the deficiencies in the report.

(b) Where paragraph (a)(ii) applies, section 10C(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10C(2)(c).”,

(f) in subsection (6)—

(i) by the insertion of “or subsection (5A)(a)(i)” after “subsection (5)(a)(i)”, and

(ii) by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth, as the case may be,” after “the Minister”,

and

(g) in subsection (7)—

(i) by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions” after “The Minister”, and

(ii) by the substitution of “either Minister” for “he or she”.