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42 2004

Health Act 2004

PART 6

Standards and Disqualifications

Standards of integrity.

25.— (1) In performing functions under this or any other enactment as—

(a) a member of the Board or a committee of the Board,

(b) the chief executive officer or any other employee of the Executive,

(c) a person engaged by the Executive as an adviser, or

(d) an employee of a person referred to in paragraph (c),

a person shall maintain proper standards of integrity, conduct and concern for the public interest.

(2) Subsection (1) applies to an employee of a person referred to in paragraph (c) of that subsection in respect only of duties of employment relating to the purposes for which the Executive has engaged that person.

(3) For the purposes of subsection (1), the Executive shall issue codes of conduct for the guidance of persons who are—

(a) members of a committee of the Board but are not members of the Board,

(b) employees of the Executive other than employees to whom a code of conduct under section 10(3) of the Standards in Public Office Act 2001 applies,

(c) engaged by the Executive as advisers, or

(d) employees of persons referred to in paragraph (c).

(4) A code of conduct issued under this section for the guidance of persons referred to in subsection (3) must indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(5) A person to whom such a code of conduct relates is required to have regard to and be guided by the code in performing the person's functions under this or any other enactment.

(6) The terms and conditions on which a person is employed by the Executive or by a person referred to in subsection (1)(c) or on which a person is engaged by the Executive as an adviser, as the case may be, are deemed to include any requirements that apply to that person under subsection (5).

(7) Subject to subsection (8), the Executive shall as soon as practicable after issuing a code of conduct make the code available to the persons for whose guidance it was issued.

(8) A code of conduct for the guidance of employees of a person engaged by the Executive as an adviser shall be issued by the Executive to the employer and be made available by the employer to those employees.

(9) A document purporting to be a code of conduct issued under this section is, in the absence of evidence to the contrary, to be taken to be such code and is admissible in any proceedings before a court or other tribunal.

(10) Any provision of such code that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by it in determining the question.

Unauthorised disclosure of confidential information.

26.— (1) Except in the circumstances specified in subsection (2), a person shall not disclose confidential information obtained while per forming functions as—

(a) a member of the Board or a committee of the Board,

(b) the chief executive officer or any other employee of the Executive,

(c) a person engaged by the Executive as an adviser, or

(d) an employee of a person referred to in paragraph (c).

(2) A person does not contravene subsection (1) by disclosing confidential information if—

(a) the Executive authorises its disclosure,

(b) the disclosure is made to the Board,

(c) the disclosure is made to the Minister by or on behalf of the Executive or in compliance with a requirement of this Act, or

(d) the disclosure is otherwise required by law.

(3) In this section “confidential information” means—

(a) information that is expressed by the Executive to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Executive by any person.

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

27.— (1) An appointed member of the Board or a member of a committee of the Board immediately ceases to hold office on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament,

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or

(d) becoming a member of a local authority.

(2) An employee of the Executive (including the chief executive officer) is immediately seconded from employment with the Executive on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy.

(3) No remuneration or allowances are payable by the Executive in respect of the secondment period to a person seconded from employment under subsection (2) and that period is not to be counted as service with the Executive for the purposes of any superannuation benefit.

(4) In relation to a person seconded under subsection (2) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas or of the European Parliament.