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42 2004

Health Act 2004

PART 12

Miscellaneous Provisions

Effect of delegation and subdelegation of functions.

76.— (1) If a function of the Executive is delegated by the Board to the chief executive officer under section 12 (2), references in a provision of this Act or any other enactment that assigns that function to the Executive or that regulates the manner in which the function is to be performed are to be read as references to the chief executive officer.

(2) If a function of the chief executive officer under section 18 is delegated by him or her to an employee of the Executive under section 19 (1) or is subdelegated by an employee authorised to do so under section 19 (1), references in any provision of this Act or any other enactment that regulates the manner in which that function is to be performed are to be read as references to the employee to whom the function is delegated or subdelegated.

(3) If a function is delegated under section 12 (2) or 19(1) or subdelegated under section 19 (1), the delegation or subdelegation is to be taken to include the delegation or subdelegation of any duty or power incidental to or connected with that function.

(4) An act or thing done by the chief executive officer pursuant to a delegation by the Board under section 12 (2) has the same force and effect as if done by the Board.

(5) An act or thing done by an employee of the Executive pursuant to a delegation or subdelegation under section 19 has the same force and effect as if done by the chief executive officer.

(6) The revocation of a delegation by the Board or the chief executive officer does not affect a subdelegation authorised under section 19 (1), unless the Board or the chief executive officer, as the case may be, otherwise directs.

(7) A delegation or subdelegation of a function does not cease to have effect solely because the person who delegated or subdelegated the function or authorised its subdelegation no longer holds the position that the person held when the function was delegated, subdelegated or authorised to be subdelegated.

Certificate evidence concerning delegation of functions.

77.— (1) In any legal proceedings, a certificate that—

(a) is signed by the chairperson,

(b) states that a specified function of the Executive was on a specified date delegated to the chief executive officer, and

(c) states that the delegation of the function remained in force on a specified date,

is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

(2) In any legal proceedings, a certificate that—

(a) is signed by the chief executive officer or by an employee who has subdelegated a function delegated to him or her under this section,

(b) states that a specified function of the chief executive officer was on a specified date delegated or subdelegated, as the case may be, in accordance with section 19 , to a specified employee of the Executive,

(c) states that the delegation or subdelegation of the function remained in force on a specified date, and

(d) specifies the limitations, if any, imposed on the delegation or subdelegation,

is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

(3) A certificate referred to in subsection (1) or (2) that appears to be signed by the chairperson, the chief executive officer or the employee concerned (as the case may be) is admissible in any proceedings as evidence of the matters stated in the certificate without proof of his or her signature.

General power to make regulations and orders.

78.— (1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for in this Act,

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, and

(c) generally for the purpose of giving effect to this Act.

(2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

(3) The Minister may—

(a) make orders for any matter in relation to which orders are provided for in this Act, and

(b) amend or revoke any such order (other than an order under section 3 or 4).

Regulations relating to members of either House of Oireachtas.

79.— (1) The Executive shall conduct its dealings with members of either House of the Oireachtas in accordance with regulations under subsection (2).

(2) The Minister may make regulations for the purposes of subsection (1) including regulations relating to—

(a) the supply by the Executive of specified documents or specified information to members of either House,

(b) correspondence by the Executive with those members, and

(c) such other matters as the Minister may consider appropriate for the purposes of subsection (1).

(3) Nothing in this section or in any regulations under this section is to be taken to require the Executive to disclose confidential information or information that it is otherwise precluded by law from disclosing.

(4) In this section—

“confidential information” has the same meaning as in section 26 (3);

“dealing”, in relation to a member of either House of the Oireachtas, means any dealing with the member in his or her capacity as such a member.

Laying of regulations and orders before Houses of Oireachtas.

80.— (1) The Minister shall ensure that every regulation and every order made by the Minister under this Act (other than an order under section 3 or 4) is laid before each House of the Oireachtas as soon as practicable after it is made.

(2) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(3) The annulment of a regulation or order under subsection (2) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.