Health Act, 1953

Institutional services for persons not entitled to services under section 15.

26.—(1) A health authority may make available institutional services for such persons as are not entitled to services under section 15 of this Act and they shall charge for any institutional services so made available the charges approved of or directed by the Minister.

(2) Except in cases of urgent necessity, institutional services (other than institutional services in special accommodation designated by the health authority with the consent of the Minister) shall not be provided under this section for a person unless there is accommodation available which, at the time of such person's admission, is not required for a person entitled to services under section 15 of this Act.

(3) A health authority may, with the consent of the Minister, make rules governing the provision of institutional services under this section and such rules may, in particular, contain provisions governing the making and amounts of payments to officers of the health authority in respect of any service or treatment given by them to persons who avail themselves of the institutional services.

(4) An officer of a health authority providing institutional services shall not demand or take from any person availing himself of such services (or from any other person on behalf of such person) any payment in respect of the services given to such person, not being a payment demanded or taken on behalf of the health authority, unless the taking of the payment by the officer is expressly authorised by rules made under this section or by the terms of his appointment.

(5) Regulations made under section 37 of the Public Assistance Act, 1939 , and in force immediately before the commencement of this section shall be deemed to be rules made under this section.

(6) Nothing in this section shall affect the operation of section 14 or sections 16 to 21 of this Act or of section 31 of the Principal Act or any regulations under that section.