Health (Miscellaneous Provisions) Act 2022

Limitation as to exercise of powers under sections 10C and 10D

9. The Principal Act is amended by the insertion of the following section after section 10D:

“10E. The Minister for Children, Equality, Disability, Integration and Youth shall not give a direction under section 10C, or specify a priority or performance target under section 10D, as respects—

(a) any function of the Executive relating to the provision of treatment or a specialist community-based disability service to any particular person,

(b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular specialist community-based disability service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a specialist community-based disability service by or on behalf of the Executive to a particular person or concerning the amount of such charge, or

(d) any function of the Executive that has been specified in an enactment to be a function of the chief executive officer relating to functions referred to in paragraphs (a) to (c).”.