Health Act 2004

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Executive to prepare and submit service plan for Minister's approval.

31.—(1) Within the specified period the Executive shall—

(a) prepare, in accordance with this section, a service plan for the financial year or other period as may be determined by the Minister, and

(b) adopt the plan so prepared and submit it to the Minister for approval.

(2) For the purpose of this section, the specified period is—

(a) 21 days after the publication by the Government of the Estimates for Supply Services for that financial year, or

(b) such other period as the Minister may allow.

(3) A service plan must be prepared in the form and manner in accordance with any directions issued by the Minister and must—

(a) indicate the type and volume of health and personal social services to be provided by the Executive during the period to which the plan relates,

(b) indicate any capital plans proposed by the Executive,

(c) contain estimates of the number of employees of the Executive for the period and the services to which the plan relates,

(d) contain any other information specified by the Minister,

(e) comply with any directions issued by the Minister under section 10 , and

(f) accord with the policies and objectives of the Minister and the Government.

(4) In preparing the service plan, the Executive shall have regard to—

(a) the approved corporate plan in operation at that time, and

(b) any direction issued by the Minister under section 10 (1).

(5) If a service plan is not submitted in accordance with subsection (1), the Minister may, by written direction, require the Executive to submit a service plan to him or her not later than—

(a) 10 days after the date on which the Minister issues the direction to the Executive, or

(b) such earlier date as may be specified in the direction.

(6) If the Executive fails to submit a service plan in accordance with subsection (1) or with a direction under subsection (5), the Minister may, by written direction, require the chief executive officer to prepare and submit a service plan to the Minister within 10 days after the date on which the Minister issues the direction under this subsection.

(7) A service plan submitted by the chief executive officer under subsection (6) is deemed to have been adopted and submitted by the Executive.

(8) Not later than 21 days after receiving a service plan submitted under this section, the Minister shall either approve the plan or issue a direction under subsection (9) to amend the plan.

(9) The Minister may direct the Executive or, in the case of a service plan submitted under subsection (6), the chief executive officer, to amend a service plan submitted under this section if, in the Minister's opinion, the plan—

(a) does not contain any information required under subsection (3),

(b) does not comply in any other respect with subsection (3),

(c) has been prepared without regard to a matter specified in subsection (4), or

(d) does not accord with the policies and objectives of the Minister or of the Government to the extent that those policies and objectives relate to the functions of the Executive.

(10) The Minister may refuse to approve a service plan unless it is amended in accordance with a direction issued under subsection (9).

(11) The chief executive officer shall comply with any direction issued to him or her under this section.

(12) The Executive shall submit to the Minister with the service plan a statement of its estimate of the income and expenditure relating to the plan and that estimate must be consistent with the Vote for the Executive as published by the Government in the Estimates for Supply Services.

(13) The Minister shall ensure that a copy of an approved service plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister.

(14) The Executive shall ensure that, as soon as practicable after copies of an approved service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.