Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Standards set by Authority

65. (1) The Act of 2007 is amended by the substitution of the following section for section 10:

“10. (1) The Authority shall, prior to submitting a draft standard to the Minister for approval, publish a notice on the website of the Authority stating that—

(a) it proposes to set a standard,

(b) a draft of the proposed standard is available on that website for the period specified in the notice, and

(c) submissions in relation to the draft standard may be made in writing to the Authority on or before that date.

(2) Subject to subsection (3), the Authority may consult with such other persons on the draft standard referred to in subsection (1), as the Authority thinks fit.

(3) The Authority shall notify the Minister and the Minister for Children and Youth Affairs, where appropriate, before undertaking a consultation under subsection (2).

(4) After considering any representations made to it under subsection (1) or (2) on the draft standard and making any changes to the draft standard that the Authority thinks fit in view of those representations or otherwise, the Authority shall submit the draft standard to the Minister for approval and, where the standard relates to services provided under the Child and Family Agency Act 2013 , the Minister shall not approve the draft standard without the prior consent of the Minister for Children and Youth Affairs.

(5) Where the Minister approves a standard under this section, he or she shall cause a notice of the approval to be published in Iris Oifigiúil and the notice shall specify the date from which the standard shall come into operation.

(6) Subject to subsection (7), the Authority may revoke or amend a standard approved under subsection (5).

(7) Subsections (1) to (5) shall, with all necessary modifications, apply to a standard that the Authority proposes to amend or revoke under subsection (6) as those subsections apply to a standard that the Minister approved under subsection (5).

(8) In this section, ‘standard’ means the standards set by the Authority under section 8(1).”.

(2) Notwithstanding the amendment of section 10 of the Act of 2007 by subsection (1), a standard set by the Authority before the coming into operation of subsection (1) and which is in force immediately before that commencement shall continue in force after such amendment unless revoked or amended by the Authority.