Health Act 2007

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Number 23 of 2007


HEALTH ACT 2007


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title, collective citation and construction.

2. Interpretation.

3. Commencement.

4. Establishment day.

5. Expenses.

PART 2

Health Information and Quality Authority

6. Establishment of Health Information and Quality Authority.

7. Object of the Authority.

8. Functions of Authority.

9. Investigations by Authority.

10. Standards set by Authority.

11. Admissibility of standards in court proceedings.

12. Provision of information to Authority.

PART 3

Board of the Authority

13. Membership of Board.

14. Role of Board.

15. Conditions of office.

16. Resignations and casual vacancies.

17. Removal of members from office.

18. Meetings and procedures of Board.

19. Committees of Board.

20. Remuneration and expenses of members of Board and committees.

PART 4

Chief Executive Officer of the Authority

21. Chief executive officer of Authority.

22. Functions of chief executive officer.

23. Delegation of functions of chief executive officer.

24. Accountability of chief executive officer to Committee of Public Accounts.

25. Accountability of chief executive officer to other Oireachtas Committees.

PART 5

Employees and Advisers

26. Employees of Authority.

27. Superannuation.

28. Advisers.

PART 6

Accountability and Funding of Authority

29. Directions to Authority.

30. Corporate plan of Authority.

31. Determination by Minister of net expenditure limits for Authority.

32. Grants to Authority.

33. Submission of business plan.

34. Code of governance.

35. Accounts of Authority.

36. Gifts.

37. Annual report.

38. Assistance to other bodies.

39. Charges for services.

PART 7

Office of the Chief Inspector of Social Services

40. Office of Chief Inspector of Social Services.

41. Functions of chief inspector.

42. Accountability of chief inspector to Oireachtas Committees.

43. Inspectors of Social Services.

44. Plans and reports of Office of Chief Inspector.

45. Arrangements with Executive.

PART 8

Regulation of Designated Centres

46. Prohibition against carrying on unregistered designated centre.

47. Prohibition against false or misleading applications for registration.

48. Applications for registration.

49. Register of designated centres.

50. Grant or refusal of registration.

51. Cancelling registration, varying conditions of registration or imposing new conditions, for cause.

52. Applications by registered providers.

53. Notice of certain proposed decisions of chief inspector.

54. Right to respond to notice of proposed decision.

55. Notice of decisions of chief inspector.

56. Required or prohibited conduct in relation to designated centre.

57. Appeal to District Court from decision of chief inspector respecting registration.

58. Chief inspector may seek District Court order enforcing certain decisions.

59. Chief inspector may seek District Court order for cancellation or variation of registration.

60. Ex parte interim order in proceedings under section 59.

61. Final determination of matters dealt with in an ex parte interim order under section 59.

62. Appeals to Circuit Court from decisions of District Court.

63. Status of chief inspector in court proceedings.

64. Care of residents on cancellation of registration.

65. Submission of information.

66. Prohibition against closure of designated centre without notice.

67. Cancellation of registration on closure of designated centre.

68. Notice of appointment under law to take charge of designated centre.

69. Transitional provision for registration of existing designated centres.

PART 9

Inspections and Investigations

70. Appointment by the Authority of authorised persons.

71. Appointment by Executive of persons to examine designated centres.

72. Appointment of qualified persons to assist chief inspector and inspectors in an inspection.

73. Right of entry and inspection by authorised person or chief inspector.

74. Requirement for occupier’s consent or District Court warrant to enter dwelling.

75. Further circumstances in which District Court may issue warrant.

76. Authorised person or chief inspector may be accompanied by Garda.

77. Prohibition against certain conduct in relation to inspections under section 73.

78. Reports of authorised persons, the chief inspector and inspectors.

PART 10

Offences

79. Offences.

80. Proceedings for offences.

PART 11

Standards, Disqualifications, etc.

81. Standards of integrity.

82. Codes of conduct.

83. Availability of codes of conduct.

84. Prohibition against unauthorised disclosure of confidential information.

85. Disqualification resulting from membership of either House of Oireachtas or of European Parliament or local authority.

PART 12

Dissolution of Specified Bodies, Transfer of Employees, Property and Liabilities to the Authority

86. Specified bodies.

87. Dissolution of specified bodies.

88. Transfer of employees of specified bodies to Authority.

89. Transfer of staff of Minister to Authority.

90. Transfer of employees of Executive to Authority.

91. Transfer of pension liabilities relating to former employees of specified bodies.

92. Transfer of property and liabilities to Authority.

93. Preservation of contracts, etc., and adaptation of references.

94. Records of specified bodies.

95. Pending legal proceedings.

96. Final accounts of specified bodies.

97. Final reports of specified bodies.

PART 13

Regulations

98. Regulations and orders.

99. Regulations governing registration under this Act.

100. Regulations respecting procedures for setting standards.

101. Regulations respecting designated centres.

102. Laying of regulations and orders before Houses of Oireachtas.

PART 14

Protection of Disclosures of Information

103. Protection of disclosures of information.

PART 15

Consequential and Minor Amendments to Other Acts

104. Repeals and revocations.

105. Amendment to other Acts.

SCHEDULE 1

Repeals and Revocations

PART 1

Acts Repealed

PART 2

Orders Revoked

SCHEDULE 2

Amendments to Other Acts

PART 1

Amendments to Child Care Act 1991

PART 2

Amendment to Comptroller and Auditor-General (Amendment) Act 1993

PART 3

Amendments to Freedom of Information Act 1997

PART 4

Amendments to Health Act 2004

PART 5

Amendment to Civil Registration Act 2004

PART 6

Amendment to Disability Act 2005

PART 7

Amendment to Health (Repayment Scheme) Act 2006


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Central Bank Act 1942

1942, No. 22

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Child Care Act 1991

1991, No. 17

Child Care Acts 1991 and 2001

Children Act 2001

2001, No. 24

Civil Registration Act 2004

2004, No. 3

Companies Act 1990

1990, No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Courts Act 1981

1981, No. 11

Criminal Justice Act 2006

2006, No. 26

Cruelty to Animals Act 1876

39 & 40 Vic., c. 77

Data Protection Acts 1988 and 2003

Dentists Act 1985

1985, No. 9

Disability Act 2005

2005, No. 14

Education of Persons with Special Educational Needs Act 2004

2004, No. 30

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Food Safety Authority of Ireland Act 1998

1998, No. 29

Freedom of Information Act 1997

1997, No. 13

Freedom of Information Acts 1997 and 2003

Harbours Act 1946

1946, No. 9

Health Act 1947

1947, No. 28

Health Act 2004

2004, No. 42

Health Acts 1947 to 2006

Health and Social Care Professionals Act 2005

2005, No. 27

Health (Corporate Bodies) Act 1961

1961, No. 27

Health Insurance Act 1994

1994, No. 16

Health (Nursing Homes) Act 1990

1990, No. 23

Health (Nursing Homes) (Amendment) Act 2007

2007, No. 1

Health (Repayment Scheme) Act 2006

2006, No. 17

Hospitals Federation and Amalgamation Act 1961

1961, No. 21

Local Government Act 2001

2001, No. 37

Maternity Protection Act 1994

1994, No. 34

Medical Practitioners Act 1978

1978, No. 4

Mental Health Act 2001

2001, No. 25

Mental Health Acts 1945 to 2001

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Treasury Management Agency Act 1990

1990, No. 18

National Treasury Management Agency (Amendment) Act 2000

2000, No. 39

Nurses Act 1985

1985, No. 18

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Pharmacy Act (Ireland) 1875

38 & 39 Vic., c. 57

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protections for Persons Reporting Child Abuse Act 1998

1998, No. 49

Public Health (Tobacco) Act 2002

2002, No. 6

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Redundancy Payments Acts 1967 to 2003

Standards in Public Office Act 2001

2001, No. 31

Unfair Dismissals Acts 1977 to 2005

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Number 23 of 2007


HEALTH ACT 2007


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS AN tÚDAR?S UM FHAISNÉIS AGUS C?IL?OCHT SL?INTE OR, IN THE ENGLISH LANGUAGE, AS THE HEALTH INFORMATION AND QUALITY AUTHORITY AND OIFIG AN PHR?OMH-CHIGIRE SEIRBH?S? SÓISIALACHA OR, IN THE ENGLISH LANGUAGE, THE OFFICE OF THE CHIEF INSPECTOR OF SOCIAL SERVICES AND TO PROVIDE FOR THE DISSOLUTION OF CERTAIN BODIES; TO PROVIDE FOR THE TRANSFER OF THE FUNCTIONS OF THE DISSOLVED BODIES AND THEIR EMPLOYEES TO THE HEALTH INFORMATION AND QUALITY AUTHORITY; TO PROVIDE FOR A SCHEME OF REGISTRATION AND INSPECTION OF RESIDENTIAL SERVICES FOR OLDER PEOPLE, PERSONS WITH DISABILITIES AND CHILDREN IN NEED OF CARE AND PROTECTION; TO PROVIDE FOR THE REPEAL AND AMENDMENT OF CERTAIN OTHER ACTS; AND TO PROVIDE FOR RELATED MATTERS.

[21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: