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13 1999

HEALTH (EASTERN REGIONAL HEALTH AUTHORITY) ACT, 1999

PART I

Preliminary

Short title, collective citation and construction.

1. —(1) This Act may be cited as the Health (Eastern Regional Health Authority) Act, 1999 .

(2) The Health Acts, 1947 to 1996, the Health (Provision of Information) Act, 1997 , and this Act may be cited together as the Health Acts, 1947 to 1999, and shall be construed together as one.

Interpretation.

2. —(1) In this Act —

“the Act of 1993” means the Comptroller and Auditor General (Amendment) Act, 1993 ;

“the Authority” means the Eastern Regional Health Authority established under section 7 ;

“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“establishment day” means the day appointed by the Minister under section 3 to be the establishment day;

“executive function” shall be construed in accordance with section 4 (as amended by section 24 ) of the No. 3 Act of 1996;

“functions” includes powers and duties, and reference to the performance of functions includes, as respects powers and duties, reference to the exercise of the powers and the performance of the duties;

“local authority” means—

(a) in the case of an administrative county, the council of the county, and

(b) in the case of a county borough, the corporation of the county borough;

“local electoral area” has the meaning assigned to it by section 13 of the Local Government Act, 1994 ;

“member of the staff” includes an officer and servant;

“the Minister” means the Minister for Health and Children;

“the No. 3 Act of 1996” means the Health (Amendment) (No. 3) Act, 1996 ;

“prescribed” means prescribed by regulations made by the Minister;

“the Principal Act” means the Health Act, 1970 ;

“recognised trade unions and associations” means the trade unions and staff associations recognised by the Authority for the purpose of negotiations which are concerned with the transfers of staff to the Authority as well as remuneration, conditions of employment or working conditions of officers and servants of the Authority;

“registered dentist” means a person whose name is entered in the Register of Dentists, other than a person temporarily registered under section 28 of the Dentists Act, 1985 ;

“registered dispensing chemist and druggist” means a person whose name is entered in the register of dispensing chemists and druggists maintained by the Pharmaceutical Society of Ireland;

“registered medical practitioner” means person whose name is registered in the General Register of Medical Practitioners, other than a person provisionally registered under section 28 of the Medical Practitioners Act, 1978 , or temporarily registered under section 29 of the Medical Practitioners Act, 1978 ;

“registered nurse” means a person whose name is entered in the register of nurses maintained by An Bord Altranais under section 27 of the Nurses Act, 1985 ;

“registered pharmaceutical chemist” means a person whose name is entered in the register of pharmaceutical chemists maintained by the Pharmaceutical Society of Ireland;

“registered psychiatric nurse” means a person whose name is entered in the psychiatric division of the register of nurses maintained by An Bord Altranais under section 27 of the Nurses Act, 1985 ;

“reserved function” has the meaning assigned to it by the No. 3 Act of 1996 (as amended by section 24 );

“services” means health and personal social services which may be provided by a health board;

“voluntary body” means a voluntary body which provides or proposes to provide a service similar or ancillary to a service that a health board may provide;

“voluntary hospital” means a hospital which is substantially funded by means of an arrangement with the Authority or an Area Health Board under section 10 and the governing body of which is not the Authority or an Area Health Board or any committee of those;

“voluntary intellectual disability service provider” means a provider of intellectual disability services which is substantially funded by means of an arrangement with the Authority or an Area Health Board under section 10 and the governing body of which is not the Authority or an Area Health Board or any committee of those;

“voluntary service provider” means a voluntary body which provides a service by arrangement with the Authority or an Area Health Board in accordance with section 10 .

(2) In this Act—

(a) a reference to a section or Schedule is to a section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Establishment day.

3. —(1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

(2) Section 24 of the No. 3 Act of 1996 does not apply to an order made under this section.

Laying of regulations before Houses of Cireachtas.

4. —Every order made under section 5 and every regulation made under sections 11(2), 16(1) and 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 First and Second Schedules.

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

(2) The Minister may, at the request of the Authority and subject to subsection (3), by order amend the Second Schedule by making additions or deletions therefrom.

(3) The Minister shall, before deleting reference to a person from the Second Schedule, consult with that person.

Repeal and revocation.

6. —(1) The following are hereby repealed, with effect from the establishment day—

(a) subsections (6) and (7) of section 13 of the Principal Act, and

(b) section 18 of the Local Government (Dublin) Act, 1993 .

(2) Regulation 4 of the Health Boards Regulations, 1970 (S.I. No. 170 of 1970), is hereby revoked, with effect from the establishment day.