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19 2004

Health (Amendment) Act 2004

PART 3

Eastern Regional Health Authority and Area Health Boards

Amendment of section 4 of Act of 1999.

16. —Section 4 of the Act of 1999 is amended by the substitution of “section 21(14)” for “sections 11(2), 16(1) and 21(14)”, and the said section 4 as so amended is set out in the Table to this section.

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4.—Every order made under section 5 and every regulation made under section 21(14) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Amendment of section 5 of Act of 1999.

17. —Section 5 of the Act of 1999 is amended, in subsection (1), by the deletion of the words “and the local authority concerned”, and the said subsection (1) as so amended is set out in the Table to this section.

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(1) The Minister may, after consultation with the Minister for the Environment and Local Government, by order amend the First Schedule.

Amendment of section 7 of Act of 1999.

18. —Section 7 of the Act of 1999 is amended by the insertion of the following subsection:

“(3A) The seal of the Authority shall be authenticated by the signature of the Regional Chief Executive, or any person for the time being performing the functions of the Regional Chief Executive, and the signature of another officer of the Authority authorised to act in that behalf.”.

Amendment of section 10 of Act of 1999.

19. —Section 10 of the Act of 1999 is amended, in subsection (2)(a), by the deletion of the words “section 9(2) and”, and the said subsection (2)(a) as so amended is set out in the Table to this section.

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(2) (a) Subject to subsection (3), the Authority shall, having regard to the resources available to it, make and carry out an arrangement with each Area Health Board for the provision within the Area Health Board's functional area of services which, immediately before the establishment day, were provided by the Eastern Health Board.

Amendment of section 12 of Act of 1999.

20. —Section 12 of the Act of 1999 is amended, in subsection (1), by the substitution of “the Minister shall” for “the Authority shall”, and the said subsection (1) as so amended is set out in the Table to this section.

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(1) Subject to subsection (3) and notwithstanding any other enactment, the Minister shall, pursuant to a recommendation from the Local Appointments Commissioners, appoint a person who shall act as the chief executive officer of the Authority and such person shall be known and in this Act referred to as the Regional Chief Executive.

Amendment of section 14 of Act of 1999.

21. —Section 14 of the Act of 1999 is amended by the insertion of the following subsection:

“(3A) The seal of an Area Health Board shall be authenticated by the signature of its area chief executive, or any other person for the time being performing the functions of area chief executive in relation to that Area Health Board, and another officer of that Area Health Board authorised to act in that behalf.”.

Amendment of section 15 of Act of 1999.

22. —Section 15 of the Act of 1999 is amended, in subsection (1), by the deletion of the words “in accordance with section 9(1)”, and the said subsection (1) as so amended is set out in the Table to this section.

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(1) An Area Health Board shall perform, with respect to its functional area and on behalf of the Authority, such functions as are specified by the Authority and shall carry out such other functions as provided by this Act or as may from time to time be conferred on it by the Authority.

Amendment of section 17 of Act of 1999.

23. —(1) Section 17 of the Act of 1999 is amended by the substitution, in subsections (1) and (3), of “Minister” for “Authority”.

(2) Section 17 of the Act of 1999 is amended by the substitution, in subsection (10), of “Minister” for “Authority, with the consent of the Minister,”, and the said subsection (10) as so amended is set out in the Table to this subsection.

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(10) An area chief executive may be removed from office by the Minister in accordance with the terms and conditions of his or her contract of service.

Amendment of section 21 of Act of 1999.

24. —Section 21 of the Act of 1999 is amended by—

(a) the substitution, in subsection (4), of “functions” for “executive functions” in each place that it occurs, and

(b) the substitution of the following subsection for subsection (16):

“(16) The chief executive officer of a health board may require the Executive to perform a function on his or her behalf.”.

Performance of functions of Eastern Regional Health Authority and Area Health Boards.

25. —The Act of 1999 is amended by—

(a) the insertion of the following section:

“8A.—The functions of the Authority shall be performed by the Regional Chief Executive.”,

and

(b) the insertion of the following section:

“15A.—The functions of an Area Health Board shall be performed by its area chief executive.”.