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23 2007

Health Act 2007

PART 6

Accountability and Funding of Authority

Directions to Authority.

29 .— (1) The Minister may give general directions in writing to the Authority for any purpose in relation to the provisions of this Act, or any other enactment, and for any matter or thing referred to in this Act, as specified or to be specified, or as determined or to be determined, and the Authority shall comply with any such direction.

(2) The Minister may direct the Authority or the chief inspector to supply the Minister with information, reports or statistics, in the manner and within the period, both as the Minister may determine, in relation to the performance of the functions assigned by or under this Act to the Authority or to the chief inspector.

(3) The Authority or the chief inspector, as specified in the Minister’s direction, shall comply with the Minister’s direction.

Corporate plan of Authority.

30 .— (1) The Authority shall 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 if that Minister requests that a new 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 direction given by the Minister and must specify—

(a) the key objectives of the Authority and the Office of the Chief Inspector of Social Services for the 3 year period concerned and the strategies for achieving those objectives, and

(b) the uses to which the Authority proposes to apply its resources.

(4) In preparing the corporate plan, the Authority 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 Authority.

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

(a) approve the plan, or

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

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

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

(b) the amendment is approved by the Minister.

(7) Subsections (3) to (5) apply with the necessary modifications in respect of an amendment by the Authority to an approved corporate plan.

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

(9) 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 subsection (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 Authority, the approval of the amendment by the Minister.

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

(11) The Authority shall provide the Minister with a progress report on the implementation of an approved corporate plan for the Authority in the Authority’s annual report and, at the request of the Minister, at other times that the Minister may specify.

Determination by Minister of net expenditure limits for Authority.

31 .— (1) Subject to subsection (2), the Minister, for a financial year of the Authority, shall—

(a) determine the maximum amount of net expenditure that may be incurred by the Authority for that financial year, and

(b) notify the Authority in writing of the amount so determined not more than 21 days after the publication by the Government of the Estimates for Supply Services for that financial year.

(2) If the Minister considers it appropriate in any particular case, a determination under this section may relate to the period (other than the financial year of the Authority) as the Minister may specify in the relevant notification under this section.

(3) The Minister may amend a determination under subsection (1) by varying the maximum amount of net expenditure that the Authority may incur for a particular financial year and, if the Minister varies that amount, the Minister shall notify the Authority in writing of the amendment as soon as may be and the determination applies and has effect as so amended.

Grants to Authority.

32 .— The Minister may, with the consent of the Minister for Finance, advance to the Authority out of money provided by the Oireachtas such sum as the Minister may determine.

Submission of business plan.

33 .— (1) Within 30 days after having been notified of its determination under section 31 for a financial year, the Authority shall submit to the Minister a business plan for the year.

(2) A business plan must be prepared in the form and manner and in accordance with any directions given by the Minister and must—

(a) indicate the Authority’s activities for the period to which the business plan relates,

(b) contain estimates of the number of employees of the Authority for the period to which the plan relates,

(c) contain the business plan for the Office of the Chief Inspector of Social Services,

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

(e) accord with policies and objectives of the Minister and the Government, and

(f) be consistent with the financial limits determined by the Minister under section 31 .

(3) In preparing the business plan, the Authority shall have regard to—

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

(b) any direction given by the Minister under section 29 .

(4) The Authority shall give effect to the business plan unless the Minister, within 30 days after the submission of the plan, directs the Authority in writing to either amend the plan or not to give effect to it.

(5) The Minister shall, when giving a direction to the Authority under subsection (4), at the same time give to the Authority the Minister’s written reasons for the direction.

(6) The Authority shall comply with a direction under subsection (4).

Code of governance.

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

(a) guiding principles applicable to the Authority as a public body having the functions described in section 8 ,

(b) structure of the Authority, including the role and responsibilities of the Board, the chief executive officer and the chief inspector,

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

(d) the Authority’s internal controls, including its procedures relating to internal audit, risk management, public procurement and financial reporting.

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

(3) In preparing or making revisions to the code of governance, the Authority shall have regard to any direction given by the Minister under section 29 .

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

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

Accounts of Authority.

35 .— (1) The Authority shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of the Authority,

(b) the source of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of the Authority.

(2) Without limiting subsection (1), the Authority shall also keep any special accounts as the Minister may direct.

(3) The books, records and special accounts kept under this section shall be—

(a) kept in the form, and

(b) for the accounting periods,

as the Minister may specify, with the consent of the Minister for Finance.

(4) The accounts of the Authority approved by the Board shall be submitted to the Comptroller and Auditor General for audit as soon as practicable and not later than 3 months after the end of the financial year to which the accounts relate.

(5) Within one month after the Comptroller and Auditor General issues an audit certificate for the accounts of the Authority a copy of the accounts and of the report of the Comptroller and Auditor General on the accounts shall be presented to the Minister who, within 2 months after their receipt, shall cause copies to be laid before each House of the Oireachtas.

(6) If required by the Minister, the Authority shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of the Authority.

(7) The Authority, chief executive officer and other employees of the Authority—

(a) whenever so requested by the Minister, shall permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period, and

(b) shall facilitate the examination,

and the Authority shall pay such fee as may be fixed by the Minister for the examination.

Gifts.

36 .— (1) The Authority may accept gifts of money, land or other property upon the trusts or conditions (if any) as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Authority’s—

(a) functions, or

(b) obligations,

under this Act or any other enactment.

Annual report.

37 .— (1) Not later than 30 April in each year, the Authority shall prepare and adopt an annual report in relation to the performance of the Authority’s functions during the immediately preceding calendar year.

(2) An annual report shall include—

(a) a statement of the activities undertaken by the Authority,

(b) the report of the Office of the Chief Inspector of Social Services on its activities,

(c) a report on the implementation of the Authority’s corporate plan,

(d) a report on the implementation of the Authority’s business plan,

(e) a report on the Authority’s arrangements for implementing and maintaining adherence to its code of governance, and

(f) other particulars that the Authority considers appropriate or as the Minister may specify, including but not limited to financial statements.

(3) As soon as may be but in any event not later than 21 days after adopting the annual report, the Authority shall submit a copy of the annual report to the Minister.

(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 the report.

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

Assistance to other bodies.

38 .— Subject to any directions given by the Minister under section 29 , and on terms and conditions the Authority sees fit to impose, the Authority may give assistance to a body which performs or proposes to perform a function similar or ancillary to a function that the Authority may perform.

Charges for services.

39 .— (1) Subject to subsection (2), the Authority may make charges as the Authority considers appropriate for the—

(a) provision by the Authority of services other than those provided by the Authority for or at the request of the Minister, another Minister of the Government, the Executive or a service provider, or in respect of a service being provided to a person in accordance with section 38 , and

(b) carrying on by the Authority of its activities,

and shall record the receipts from those charges as income.

(2) The determination of the amounts of charges referred to in subsection (1) is subject to the approval of the Minister following consultations with the Minister for Finance.

(3) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Authority under subsection (1).