First Previous (PART 6 Standards and Disqualifications) Next (PART 8 Public Representation and User Participation)

42 2004

Health Act 2004

PART 7

Accountability

Interpretation.

28.— (1) In this Part—

“approved corporate plan” means a corporate plan approved by the Minister under section 29 ;

“approved service plan” means—

(a) a service plan approved by the Minister under section 31 , or

(b) an amended service plan that is approved or deemed to have been approved by the Minister under section 32 ;

“capital plan” means any plan the purpose of which is to acquire a fixed asset or to significantly extend the life of an existing fixed asset;

“financial year” means a period of 12 months ending on 31 December in any year.

(2) References in section 31 , 33 or 38 to health and personal social services or to a health or personal social service do not include any service provided under the Social Welfare Acts.

Executive to prepare and submit corporate plan for Minister's approval.

29.— (1) The Executive shall, in accordance with this section, prepare, adopt and, at the times specified in subsection (2), submit to the Minister for approval a corporate plan for the 3 year period following the date of its submission.

(2) A corporate plan must be submitted at the following times:

(a) within 6 months after the establishment day;

(b) within 6 months after the appointment of a new Minister having charge of the Department of Health and Children, if that Minister requests that a corporate plan be submitted;

(c) at the end of the 3 year period since the last corporate plan was submitted.

(3) The corporate plan must be prepared in a form and manner in accordance with any directions issued by the Minister and must specify—

(a) the key objectives of the Executive for the 3 year period concerned and the strategies for achieving those objectives,

(b) the manner in which the Executive proposes to measure its achievement of those objectives, and

(c) the uses for which the Executive proposes to apply its resources.

(4) In preparing the corporate plan, the Executive shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive.

(5) Within 3 months after receiving a corporate plan, the Minister shall—

(a) approve the plan, or

(b) if the plan is not amended in accordance with any directions that may be issued by the Minister to the Executive, refuse to approve the plan.

(6) An approved corporate plan may be amended by the Minister at any time or may be amended by the Executive, but in the latter case only after—

(a) the Executive submits the proposed amendment to the Minister for approval, and

(b) the amendment is approved by the Minister.

(7) Subsections (4) and (5) apply with the necessary modifications in respect of an amendment by the Executive to an approved corporate plan.

(8) Nothing in a corporate plan is to be taken to prevent the Executive from, or to limit the Executive in, performing its functions.

Publication and implementation of approved corporate plan.

30.— (1) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

(a) within 21 days after the plan is approved by the Minister, and

(b) if the plan is amended under section 29 (6) after being approved by the Minister, within 21 days after—

(i) in the case of an amendment made by the Minister, the making of the amendment, or

(ii) in the case of an amendment made by the Executive, the amendment is approved by the Minister.

(2) The Executive shall ensure that, as soon as practicable after copies of an approved corporate plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.

(3) The Executive shall provide the Minister with progress reports on the implementation of an approved corporate plan—

(a) in its annual report, and

(b) in such other manner and at such intervals as the Minister may direct.

(4) During the specified period, the Freedom of Information Acts 1997 and 2003 do not apply to a record containing—

(a) a corporate plan, or an amendment to such plan, that has not been approved by the Minister,

(b) a preliminary or other draft of all or part of the contents of a corporate plan or of an amendment to a corporate plan, or

(c) the unamended version of a corporate plan that is approved after being amended in accordance with a direction of the Minister.

(5) For the purpose of subsection (4), the specified period is 5 years beginning on the date of the creation of the record.

Executive to prepare and submit service plan for Minister's approval.

31.— (1) Within the specified period the Executive shall—

(a) prepare, in accordance with this section, a service plan for the financial year or other period as may be determined by the Minister, and

(b) adopt the plan so prepared and submit it to the Minister for approval.

(2) For the purpose of this section, the specified period is—

(a) 21 days after the publication by the Government of the Estimates for Supply Services for that financial year, or

(b) such other period as the Minister may allow.

(3) A service plan must be prepared in the form and manner in accordance with any directions issued by the Minister and must—

(a) indicate the type and volume of health and personal social services to be provided by the Executive during the period to which the plan relates,

(b) indicate any capital plans proposed by the Executive,

(c) contain estimates of the number of employees of the Executive for the period and the services to which the plan relates,

(d) contain any other information specified by the Minister,

(e) comply with any directions issued by the Minister under section 10 , and

(f) accord with the policies and objectives of the Minister and the Government.

(4) In preparing the service plan, the Executive shall have regard to—

(a) the approved corporate plan in operation at that time, and

(b) any direction issued by the Minister under section 10 (1).

(5) If a service plan is not submitted in accordance with subsection (1), the Minister may, by written direction, require the Executive to submit a service plan to him or her not later than—

(a) 10 days after the date on which the Minister issues the direction to the Executive, or

(b) such earlier date as may be specified in the direction.

(6) If the Executive fails to submit a service plan in accordance with subsection (1) or with a direction under subsection (5), the Minister may, by written direction, require the chief executive officer to prepare and submit a service plan to the Minister within 10 days after the date on which the Minister issues the direction under this subsection.

(7) A service plan submitted by the chief executive officer under subsection (6) is deemed to have been adopted and submitted by the Executive.

(8) Not later than 21 days after receiving a service plan submitted under this section, the Minister shall either approve the plan or issue a direction under subsection (9) to amend the plan.

(9) The Minister may direct the Executive or, in the case of a service plan submitted under subsection (6), the chief executive officer, to amend a service plan submitted under this section if, in the Minister's opinion, the plan—

(a) does not contain any information required under subsection (3),

(b) does not comply in any other respect with subsection (3),

(c) has been prepared without regard to a matter specified in subsection (4), or

(d) does not accord with the policies and objectives of the Minister or of the Government to the extent that those policies and objectives relate to the functions of the Executive.

(10) The Minister may refuse to approve a service plan unless it is amended in accordance with a direction issued under subsection (9).

(11) The chief executive officer shall comply with any direction issued to him or her under this section.

(12) The Executive shall submit to the Minister with the service plan a statement of its estimate of the income and expenditure relating to the plan and that estimate must be consistent with the Vote for the Executive as published by the Government in the Estimates for Supply Services.

(13) The Minister shall ensure that a copy of an approved service plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister.

(14) The Executive shall ensure that, as soon as practicable after copies of an approved service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.

Amendment of approved service plan.

32.— (1) After approving a service plan, the Minister may direct the Executive to submit an amended service plan and may specify in the direction the manner in which the plan is to be amended.

(2) If the Minister directs the Executive to submit an amended service plan in accordance with subsection (1), subsections (4) to (11) of section 31 apply with the necessary modifications to the amended service plan.

(3) The Executive may amend an approved service plan.

(4) The Executive shall submit a service plan amended under subsection (3) to the Minister as soon as practicable and not later than 5 days after the day on which it adopts the amended service plan.

(5) Within 21 days after receiving an amended service plan submitted in accordance with subsection

(4), the Minister may, in writing, direct the Executive as to how the plan should be amended.

(6) Unless a direction relating to an amended service plan is issued by the Minister within the period specified in subsection (5), the amended service plan is deemed to have been approved by the Minister immediately before the end of that period.

(7) If a direction relating to an amended service plan is issued by the Minister within the period specified in subsection (5), any amendment made (either in the amended service plan or in response to the direction) by the Executive to its approved service plan has no effect until the amendment is approved by the Minister.

(8) The Minister shall ensure that a copy of an approved service plan amended under this section is laid before both Houses of the Oireachtas within 21 days after the amended service plan is approved or deemed to have been approved by the Minister.

(9) The Executive shall ensure that, as soon as practicable after copies of an approved amended service plan are laid before the Houses of the Oireachtas, the plan is published on the Internet or in accordance with such other arrangements as the Minister may specify.

Implementation of approved service plan.

33.— The Executive shall manage health and personal social services indicated in an approved service plan so as to ensure that the services are delivered in accordance with the plan.

Minister's permission needed for major capital spending.

34.— The Executive shall not, without the prior written permission of the Minister, enter into an agreement or arrangement or otherwise commit itself in respect of capital spending on an undertaking if the total amount spent on the undertaking would exceed an amount that may be specified from time to time by the Minister with the consent of the Minister for Finance.

Code of governance.

35.— (1) The Executive shall, as soon as practicable after it is established, submit to the Minister for approval a code of governance that includes an outline of—

(a) the guiding principles applicable to the Executive as a public body having functions relating to health and personal social services,

(b) the structure of the Executive, including the roles and responsibilities of the Board and the chief executive officer,

(c) the methods to be used to bring about the integration of health and personal social services,

(d) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Executive by or under this Act,

(e) the Executive's internal controls, including its procedures relating to internal audits, risk management, public procurement and financial reporting, and

(f) the nature and quality of service that persons being provided with or seeking health and personal social services can expect.

(2) The Executive shall review the code of governance periodically and at such times as may be specified by the Minister and shall revise the code as the Executive considers appropriate.

(3) In preparing, or making any revisions to, the code of governance, the Executive shall have regard to any directions issued by the Minister under section 10 .

(4) Following the Minister's approval of the code of governance or of any revisions to it, the Executive shall arrange for the publication of the code or the revised code.

(5) The Executive shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

Accounts of Executive.

36.— (1) The Executive shall keep all proper and usual accounts of all money received or expended by it.

(2) The Executive shall, in respect of each financial year, prepare annual financial statements (including accounts of income and expenditure and a balance sheet) in such form as the Minister may direct.

(3) The annual financial statements shall be prepared by the Executive in accordance with accounting standards specified by the Minister.

(4) The Executive shall adopt the annual financial statements on or before the 1st day of April in the year following the financial year to which they relate.

(5) On adopting the financial statements, the Executive shall submit a copy of them—

(a) to the Comptroller and Auditor General for audit, and

(b) to the Minister at the same time.

(6) On completing the audit, the Comptroller and Auditor General shall send to the Executive a copy of the annual financial statements together with the report on the audit.

(7) The Executive shall immediately transmit a copy of the audited annual financial statements together with the Comptroller and Auditor General's report to the Minister who shall ensure that a copy of each is laid before both Houses of the Oireachtas as soon as practicable.

(8) Any examination of the Executive by the Comptroller and Auditor General under section 9 of the Comptroller and Auditor General (Amendment) Act 1993 shall extend to any arrangement entered into by the Executive under section 38 .

Annual report.

37.— (1) The Executive shall, not later than the 30th day of April in each year beginning with the year 2006, prepare and adopt a report on the performance of its functions during the preceding year.

(2) An annual report shall include—

(a) a general statement of the health and personal social services provided during the preceding year by or on behalf of the Executive (whether provided in accordance with an agreement under section 8 or an arrangement under section 38 ) and of the activities undertaken by the Executive in that year,

(b) a report on the implementation of the corporate plan in the year,

(c) a report on the implementation of the service plan in the year,

(d) a report on the implementation of the capital plans in the year,

(e) an indication of the Executive's arrangements for implementing and maintaining adherence to its code of governance,

(f) the report required by section 55 (complaints), and

(g) such other information as the Executive considers appropriate or as the Minister may specify.

(3) The Executive shall submit a copy of the annual report to the Minister as soon as practicable after adopting the report and in any event not later than 21 days after its adoption.

(4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas within 21 days after the Minister receives that report.

(5) The Executive shall ensure that the annual report is published on the Internet, or in accordance with such other arrangements as the Minister may specify, as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.

Arrangements with service providers.

38.— (1) The Executive may, subject to its available resources and any directions issued by the Minister under section 10 , enter, on such terms and conditions as it considers appropriate, into an arrangement with a person for the provision of a health or personal social service by that person on behalf of the Executive.

(2) Before entering into an arrangement under this section, the Executive shall determine, in respect of a financial year of the Executive, the maximum amount of funding (whether capital funding or non-capital funding) that it proposes to make available in that year under the arrangement and the level of service it expects to be provided for that funding.

(3) A service provider shall—

(a) keep, in such form as may be approved by the Executive in accordance with any general direction issued by the Minister, all proper and usual accounts and records of income received and expenditure incurred by it,

(b) submit such accounts annually for audit, and

(c) supply a copy of the audited accounts and the auditor's certificate and report on the accounts to the Executive within such period as may be specified by the Executive.

(4) The expenses of an audit of accounts submitted in accordance with subsection (3) are payable by the service provider submitting them for audit.

(5) The Executive may exempt from the requirements of subsection (3)—

(a) a service provider who in any one financial year receives from the Executive in respect of health and personal social services provided on behalf of the Executive a total sum that does not exceed the amount that may be determined by the Minister, or

(b) such other categories of service providers as may be specified by the Minister.

(6) The Executive may make such arrangements as it considers appropriate to monitor—

(a) the expenditure incurred in the provision of health or personal social services by service providers exempted under subsection (5), and

(b) the provision of those services by such service providers.

(7) The Executive may request from a service provider any information that it considers material to the provision of a health or personal social service by the service provider.

(8) A service provider shall comply with a request made under subsection (7) to the service provider.

(9) At the Minister's request, the Executive shall supply the Minister with any information obtained in response to a request under subsection (7).

Assistance for certain bodies.

39.— (1) The Executive may, subject to any directions given by the Minister under section 10 and on such terms and conditions as it sees fit to impose, give assistance to any person or body that provides or proposes to provide a service similar or ancillary to a service that the Executive may provide.

(2) Assistance may be provided under this section in any of the following ways:

(a) by contributing to the expenses incurred by the person or body;

(b) by permitting the use by the person or body of premises maintained by the Executive and, where requisite, executing alterations and repairs to and supplying furniture and fittings for such premises;

(c) by providing premises (with all requisite furniture and fittings) for use by the person or body.

(3) Assistance may be provided to a person under this section whether or not the person is a service provider.

Gifts.

40.— (1) The Executive may accept gifts of money, land or other property on such trusts or conditions (if any) as may be specified by the donor.

(2) The Executive may not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Executive's object or functions or with any obligations imposed on it under any enactment.