Health Information Act 2026
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Non-compliance with a request under section 22 | ||
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23. (1) Where a relevant person fails to comply, in whole or in part, with a request under section 22 , the Executive may issue a notice in writing to the relevant person concerned requesting him or her to comply with the request within such period (being not less than one month from the date of the notice) as is specified in the notice. | ||
(2) Where, having received a notice under subsection (1), the relevant person fails to comply, in whole or in part, with the request under section 22 within the period specified in the notice the Executive may make an application to the Circuit Court. | ||
(3) Where, on application to the Circuit Court in that behalf by the Executive, the Court is satisfied that— | ||
(a) the request was made by the Executive in accordance with section 22 , and | ||
(b) the relevant person to which the request was made has failed to comply, in whole or in part, with the request, | ||
the court shall, unless there is good and sufficient reason not to do so, make an order directing the relevant person to comply with the request. | ||
(4) In considering an application under subsection (2), the Circuit Court shall have regard to— | ||
(a) the public interest nature of the request and, in particular, the purpose for which the health information was requested under subsection (2) of section 22 , and | ||
(b) whether or not the health information requested under that subsection is necessary and proportionate for that purpose. | ||
(5) An application under subsection (2) shall be by way of motion, and the Circuit Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate. | ||
(6) The jurisdiction conferred on the Circuit Court by this section may be exercised by a judge of that Court assigned to the circuit in which the relevant person concerned carries on his or her practice. |