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1 1970

HEALTH ACT, 1970

Chapter II

Officers and Servants, etc.

Chief executive officers of health boards.

13. —(1) There shall be appointed, in respect of each health board established under this Act, a person who shall be called and shall act as the chief executive officer of the board.

(2) (a) Where a chief executive officer will for any reason, other than suspension from performance of his duties, be temporarily unable to act as such, he may, after consultation with the chairman of the health board (or, in his absence, the vice-chairman), appoint one of the other officers of that board to act as deputy chief executive officer for the duration of such inability.

(b) Where a chief executive officer has for any reason become temporarily unable to act as such and either he has not made an appointment under this subsection or an appointment made under this subsection, whether by such chief executive officer or otherwise, has become terminated under paragraph (d), or on account of the death or resignation of the appointee, the chairman of the health board (or, in his absence, the vice-chairman) may appoint one of the other officers of that board to act as deputy chief executive officer for the remainder of the duration of such inability.

(c) The Minister may specify classes of officers who may be appointed as deputy chief executive officer and any appointment under this subsection shall comply with any such specification.

(d) An appointment as deputy chief executive officer may at any time be terminated by the chairman of the health board with the consent of the Minister.

(e) An appointment as deputy chief executive officer shall terminate on the chief executive officer ceasing to be such officer.

(3) Any reference in this Act to a chief executive officer shall be construed as a reference to a person appointed under this section.

(4) A chief executive officer shall hold his office on such terms and conditions and shall perform such duties as the Minister from time to time determines.

(5) There shall be paid by a health board to its chief executive officer such remuneration and allowances as the Minister from time to time determines.

(6) The Minister may, before the establishment of a health board—

(a) request the Local Appointments Commissioners to select under section 15 a person for appointment as chief executive officer of the board,

(b) arrange for the training of a person so selected, and

(c) meet out of moneys provided by the Oireachtas, to such extent as may be sanctioned by the Minister for Finance, any expenditure (including the payment, until the establishment of the board, of remuneration to a person so selected) incurred under this subsection.

(7) On the establishment of the appropriate board, a person selected in accordance with subsection (6) shall be deemed to have been appointed to be the chief executive officer of that board.

(8) The appointment of a chief executive officer pursuant to a recommendation by the Local Appointments Commissioners made otherwise than for the purposes of subsection (6) shall be a function of the board.

(9) A temporary appointment of a chief executive officer may be made by the Minister after consultation with the chairman of the board or, in his absence, the vice-chairman of the board.

Other officers and servants of health boards.

14. —(1) In addition to the chief executive officer, there shall be appointed to a health board such and so many other officers and such and so many servants as the board from time to time determines in accordance with the directions of the Minister.

(2) The appointment of an officer referred to in subsection (1) or of a servant of a health board shall be a function of the chief executive officer.

(3) An officer or servant of a health board appointed under this section shall hold his office or employment on such terms and conditions and shall perform such duties as the chief executive officer from time to time determines.

(4) There shall be paid by a health board to an officer or servant appointed under this section such remuneration and allowances as the chief executive officer from time to time determines.

(5) (a) In making an appointment of an officer or servant, the chief executive officer shall act in accordance with the directions of the Minister, but no such direction shall be in conflict with section 15.

(b) In making a determination under subsection (3) or (4), the chief executive officer shall act in accordance with the directions of the Minister and shall have regard to any arrangements in operation for conciliation and arbitration for persons affected by the determination.

(6) Any officer of a health board who is aggrieved by a determination under subsection (3) or (4) may apply to the Minister to issue a direction in that respect under subsection (5).

(7) An officer appointed under this section may arrange for his duties to be performed for a specified period by a deputy nominated by the officer, with the consent of the Minister, or with the consent of the chief executive officer given in accordance with any directions given by the Minister.

(8) A deputy nominated under subsection (7) shall possess the relevant qualifications approved under section 18.

Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940.

15. —(1) The Local Authorities (Officers and Employees) Acts, 1926 and 1940, shall apply to appointments of chief executive officers and of such other officers under health boards as the Minister, with the consent of the Local Appointments Commissioners, may from time to time determine as if the boards were local authorities, but subject to any modifications which the Minister may specify by order made with the consent of the Commissioners.

(2) References to the appropriate Minister in sections 29 and 30 of the Local Government Act, 1955 , shall, in relation to appointments to health boards, be construed as references to the Minister.

Delegation by chief executive officer.

16. —(1) The chief executive officer of a health board may delegate any function performable by him to another officer of the board, subject to any directions in that respect which may be given by the Minister.

(2) Where a delegation to an officer is made under this section—

(a) the officer shall perform the delegated function under the general direction and control of the chief executive officer;

(b) the officer shall perform the delegated function in accordance with any limitations specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and

(c) a provision made by or under this or any other Act which vests functions in the chief executive officer or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the officer, with the substitution of the officer for the chief executive officer.

(3) Notwithstanding subsection (2), where a delegation to an officer is made under this section—

(a) the chief executive officer may, in any particular case of the performance of the function, inform the officer that he has decided to perform the function himself, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer, and

(b) if the officer is satisfied that, in any particular case of the performance of the function, performance would, because of the importance of the decision involved or because of any other reasonable consideration, be more appropriately effected by the chief executive officer, the officer may refer the case to the chief executive officer, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer.

(4) The chief executive officer may revoke a delegation under this section.

(5) Where a function is performed by an officer pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance—

(a) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the officer, the chief executive officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency, and

(b) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the chief executive officer, the officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency.

(6) A statement in writing that he has made a delegation under this section, signed by the chief executive officer, shall be received, without proof, as prima facie evidence of the delegation.

(7) A chief executive officer shall give notification of a delegation under this section or a revocation thereof to the Minister and to the health board at its next meeting.

Performance of duties of officers.

17. —(1) In the performance of their duties, the chief executive officer and the other officers of a health board shall act in accordance with such decisions and directions (whether of a general or a particular nature) as, subject to subsection (3), are conveyed to or through the chief executive officer by the board, and in accordance with any such decisions and directions so conveyed of a committee to which functions have been delegated by the board.

(2) When the chief executive officer or another officer of a health board performs a duty in accordance with subsection (1), he shall be deemed to act on behalf of the board.

(3) The board shall not take any decision or give any direction in relation to any matter which under this Act or any other enactment is a function of the chief executive officer or of another officer of the board.

(4) The following functions relating to a health board shall be functions of the chief executive officer of the board—

(a) any function specified by this Act or by any other enactment to be a function of the chief executive officer of the board,

(b) any function with respect to a decision as to whether or not any particular person shall be eligible to avail himself of a service (including a service for the payment of grants or allowances), or as to the extent to which, and the manner in which, a person shall avail himself of any such service,

(c) any function with respect to a decision as to the making or recovery of a charge, or the amount of any charge for a service for a particular person,

(d) any function with respect to the control, supervision, service, remuneration, privileges or superannuation of officers and servants of the board,

(e) such other functions as may be prescribed.

(5) Any dispute—

(a) as to whether or not a particular function is a function of the chief executive officer, or

(b) as to whether or not a particular function is a function of an officer of a health board other than the chief executive officer,

shall be determined by the Minister.

Qualifications for offices under health boards.

18. —The qualifications for appointment as an officer, or for continuing as an officer, under a health board shall be approved of or directed by the Minister and, in the case of an office to be filled by selection by the Local Appointments Commissioners, after consultation with the Commissioners.

Age limits.

19. —A person who is a permanent officer of a health board shall cease to be a permanent officer on his attaining the age of 65 years or, in a case where a higher age is fixed by order of the Minister, on his attaining that age.

Superannuation.

20. —The Local Government (Superannuation) Act, 1956 , shall apply in relation to a health board and its officers and servants as if it were a local authority and they were officers and servants of a local authority.

Suspension and removal of chief executive officer.

21. —(1) A chief executive officer may be suspended from the performance of his duties by the Minister.

(2) A chief executive officer of a health board may be suspended from performance of his duties by the board by a resolution passed by the board for the purpose of the suspension and for the passing of which not less than two-thirds of the members of the board voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of the board when the notice was given.

(3) The chairman of the board shall notify the Minister of a suspension under subsection (2).

(4) A suspension of a chief executive officer may be terminated by the Minister.

(5) The Minister may remove a chief executive officer from being such officer where he is satisfied, following a local inquiry, that he has become incapable of performing the duties of chief executive officer, that he is unfit to be a chief executive officer or that he has misconducted himself as chief executive officer.

Suspension of other officers of health boards.

22. —(1) Whenever, in respect of an officer of a health board other than the chief executive officer, there is, in the opinion of the chief executive officer, reason to believe that the officer has misconducted himself in relation to his office or is otherwise unfit to hold office, the chief executive officer may, after consultation with the chairman or, in his absence, the vice-chairman of the board, suspend the officer from the performance of the duties of his office while the alleged misconduct or unfitness is being inquired into and any disciplinary action to be taken in regard thereto is being determined.

(2) The chief executive officer shall notify the Minister forthwith of any suspension under this section, and shall state the cause of the suspension to the officer and to the Minister.

(3) Every suspension under this section shall continue until terminated by the chief executive officer or, in the case of a suspension which has continued for longer than one month, the Minister.

(4) Whenever an officer of a health board is suspended under this section, he shall forthwith hand over to the board all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody or control which relate to his office.

(5) An officer suspended under this section shall not be paid any remuneration (other than remuneration for a period prior to his suspension) in respect of his office during the continuance of his suspension and, on the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited or paid to him or otherwise disposed of as may be directed by—

(a) in the case of a suspension of not more than one month's duration, the chief executive officer, and

(b) in any other case, the Minister.

(6) Whenever an officer of a health board is suspended under this section, the chief executive officer may, if he thinks fit, make with the consent of the Minister an ex gratia payment to the suspended officer.

(7) Any sum paid under subsection (6) shall be repayable by the officer to the health board and may be deducted from any moneys payable by the board to him.

(8) Any sum paid under subsection (6) shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1956 .

Removal of officers and servants.

23. —(1) Subject to subsections (2) to (4), an officer or servant of a health board appointed under section 14 may be removed from being such officer or servant by the chief executive officer to the board.

(2) A permanent officer shall not be removed under this section because of misconduct or unfitness except—

(a) on a direction by the Minister under subsection (3) or

(b) on the recommendation of a committee under section 24 or on a direction by the Minister under section 24 (11).

(3) Where a permanent officer has misconducted himself by absenting himself from duty without leave or without reasonable cause, the Minister may direct his removal from office.

(4) A permanent officer shall not be removed under this section for a reason other than misconduct or unfitness except with the approval of the board.

(5) Removals of officers and servants under this section shall be carried out in accordance with regulations made by the Minister and such regulations shall provide—

(a) that effect shall not be given to any proposal for removal unless prescribed notice has been sent to the officer or servant of the reasons for the proposal, and

(b) that any representations made by him or on his behalf on the proposal which are received within a prescribed period shall be considered.

Committees for certain removals.

24. —(1) Whenever it is proposed to remove a permanent officer of a health board under section 23 because of misconduct (except as referred to in section 23 (3)) or unfitness, the Minister shall appoint a committee to perform the functions specified in this section relating to the proposal for such removal.

(2) Membership of a committee appointed under this section shall consist of—

(a) one person (being the chairman of the committee) who shall be selected by the Minister at his discretion,

(b) an even number of other persons of whom—

(i) half shall be selected by the Minister from a panel of persons nominated by such organisation (or organisations) as is (or are), in the opinion of the Minister, representative of the class of officers to which the person belongs or where, in the opinion of the Minister, there is no such organisation or where nominations under this subparagraph have not been made, from such persons as he considers appropriate, and

(ii) half shall be selected by the Minister from a panel of persons nominated by the chief executive officer of the health board.

(3) Nominations of persons to a panel referred to in subsection (2) (b) shall be for such period as is prescribed and new nominations shall be made from time to time to fill vacancies on the panel.

(4) The chairman of a committee under this section shall, in relation to the functions of the committee, have the same powers as an inspector of the Minister has under section 86 of the Local Government Act, 1941 , when holding a local inquiry.

(5) A committee under this section, having inquired into the proposal to remove the officer, shall make such recommendation to the chief executive officer as it thinks fit.

(6) Any question arising before a committee under this section shall be decided by the majority of the members of the committee who are present and vote and, in case of equality of votes on any question, the chairman shall have a second or casting vote.

(7) A committee under this section may act notwithstanding any vacancy among its members.

(8) The Minister may make regulations governing the performance by committees under this section of their functions.

(9) When a committee under this section recommends the removal of an officer, the chief executive officer may remove the officer after the expiration of a period of twenty-one days, unless a request has been made to the Minister under subsection (10).

(10) An officer in relation to whom a recommendation for removal has been made under subsection (5), may, in the prescribed manner and subject to the prescribed conditions, request the Minister to issue a direction to the chief executive officer in relation to that recommendation.

(11) Where a request is made to the Minister under subsection (10), the Minister may give to the chief executive officer a direction to remove the officer, a direction not to remove the officer or such other direction as he considers appropriate, and the chief executive officer shall comply with the direction.

(12) The Minister may, out of moneys provided by the Oireachtas and to such extent as may be sanctioned by the Minster for Finance, make payments in respect of travelling and subsistence expenses and pay fees to members of committees established under this section.

Arrangements between health boards and local authorities.

25. —(1) Where—

(a) a local authority is of opinion that it would be more convenient that any power, function or duty which may be exercised or performed by it should be exercised or performed, whether generally or in a particular case, by a health board, and

(b) the health board is able and willing so to exercise or perform the power, function or duty,

the authority and the board may, with the consent of the Minister for Local Government, make an arrangement for the power, function or duty to be so exercised or performed on behalf of the authority by the board, and it shall thereupon become so exercisable or performable by the board.

(2) The making of an arrangement under subsection (1) shall be a reserved function of the local authority.

(3) Where a local authority is of opinion that it would be convenient for duties in relation to its powers and functions to be performed by an officer of a health board, that duty may be assigned to that officer by the chief executive officer of the health board in the same way as duties relating to the powers and functions of the board.

(4) Where the chief executive officer of a health board is of opinion that it would be convenient that duties relating to any of the powers or functions of the board or its officers should be assigned to an officer of a local authority, those duties may be assigned to such an officer by the local authority in the same way as duties under the local authority.

Arrangements by health boards for provision of services.

26. —(1) A health board may, in accordance with such conditions (which may include provision for superannuation) as may be specified by the Minister, make and carry out an arrangement with a person or body to provide services under the Health Acts, 1947 to 1970, for persons eligible for such services.

(2) Two health boards may make and carry out an arrangement for the provision by one of them on behalf of and at the cost of the other of services under the Health Acts, 1947 to 1970.