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13 1999

HEALTH (EASTERN REGIONAL HEALTH AUTHORITY) ACT, 1999

PART VI

Amendment of Principal Act, Health (Corporate Bodies) Act, 1961, and No. 3 Act of 1996

Amendments to Second Schedule to Principal Act.

22. —The Second Schedule to the Principal Act is hereby amended by—

(a) the insertion in Rule 5 after “section 4(2)(a)(ii)” of “or section 11 (2)(b) of the Health (Eastern Regional Health Authority) Act, 1999,”,

(b) the insertion, after Rule 11(2) of the following:

“(2A) Where a member of the board appointed other than by the council of a country or the corporation of a country borough has not, for a consecutive period of 6 months, attended a meeting of the board, he or she shall cease to be such a member and the Minister shall, as soon as may be, appoint a person to fill the vacancy.”,

(c) the insertion, after Rule 11(3) of the following:

“(4) This Rule shall not apply where a member of the board can demonstrate, to the satisfaction of the chairman of the board, that his or her absence has been due to illness.”,

(d) the insertion in Rule 12 after “section 4(2)(a)(ii)” of “or section 11 (2)(b) of the Health (Eastern Regional Health Authority) Act, 1999,”, and

(e) the insertion in Rule 17 after “an officer or servant of the board” of “or an employee of a voluntary hospital, voluntary intellectual disability service provider or voluntary service provider”.

Amendment of section 6 of Health (Corporate Bodies) Act, 1961.

23. Section 6 of the Health (Corporate Bodies) Act, 1961 , is hereby amended by the substitution of the following paragraph for paragraph (d):

“(d) the furnishing from time to time by the body to the Minister, or to such other body as the Minister may specify in the order, of information regarding the performance of its functions and the furnishing of such information to the Minister or to the other body at any other time on request.”.

Amendment of No. 3 Act of 1996.

24. —The No. 3 Act of 1996 is hereby amended—

(a) in section 1(1), by the substitution for the definition of “reserved function” of the following definition:

“‘reserved function’ means—

(a) a function of a health board specified in a section mentioned in column (3) of the First Schedule opposite the Act mentioned in column (2) of that Schedule, and

(b) any function of a health board which is specified as a reserved function in the Health Acts, 1947 to 1999, or any other enactment.”,

(b) by the substitution for section 3 of the following section:

“3. (1) A reserved function shall be performed directly by a health board.

(2) A health board shall not take any decision or give any direction in relation to any function of a health board that is not a reserved function.

(3) The chief executive officer shall assist the board in the performance of a reserved function in such manner (if any) as the board may require.”,

and

(c) the substitution for subsection (1) of section 4 of the following subsection:

“(1) A function of a health board that is not a reserved function shall be performed by the chief executive officer unless otherwise provided for and such a function shall be an executive function.”.