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struments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2018 Children's Health Act 2018 Children's Health Act 2018 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 27 of 2018 CHILDREN’S HEALTH ACT 2018 CONTENTS PART 1 Preliminary and General 1. Short title and commencement 2.

terpretation

1. Expenses PART 2 Establishment and Functions of Children’s Health Ireland
2. Establishment day
3. Establishment of Children’s Health Ireland
4. Object and functions
5. Policy directions and guidelines
6. Subsidiaries, partnerships and other matters
7. Land, property, gifts and borrowing
8. Accounts
9. Annual report PART 3 Board of Children’s Health Ireland
10. Board of Children’s Health Ireland
11. Membership of Board on establishment day
12. Subsequent Board
13. Casual vacancies
14. Meetings of Board
15. Conditions of office of members of Board
16. Removal of all members of Board from office
17. Committees of Board
18. Membership of either House of Oireachtas or European Parliament or local authority
19. Expenses of members of Board and committees
20. Seal of Children’s Health Ireland Chief Executive Officer and employees of Children’s Health Ireland
21. Chief Executive Officer
22. Functions of Chief Executive Officer
23. Delegation of functions of Chief Executive Officer
24. Employees of Children’s Health Ireland
25. Superannuation PART 5 Transfer of employees, land, property, rights and liabilities of Crumlin Hospital to Children’s Health Ireland
26. Transfer of employees from Crumlin Hospital to Children’s Health Ireland
27. Transfer of land from Crumlin Hospital to Children’s Health Ireland
28. Transfer of property of Crumlin Hospital to Children’s Health Ireland
29. Transfer of rights and liabilities of Crumlin Hospital to Children’s Health Ireland
30. Liability for loss occurring before the commencement of this Part
31. Provisions consequent upon transfer of land, property, rights and liabilities to Children’s Health Ireland
32. Preservation of contracts
33. Records 36.

demnity for directors of Crumlin Hospital

1. Saving for certain acts PART 6 Transfer of employees, property, rights and liabilities of Temple Street Hospital to Children’s Health Ireland
2. Transfer of employees from Temple Street Hospital to Children’s Health Ireland
3. Transfer of property of Temple Street Hospital to Children’s Health Ireland
4. Transfer of rights and liabilities of Temple Street Hospital to Children’s Health Ireland
5. Liability for loss occurring before the commencement of this Part
6. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland
7. Preservation of contracts
8. Records 45.

demnity for directors of Temple Street Hospital

1. Saving for certain acts PART 7 Transfer of certain employees, property, rights and liabilities of Tallaght Hospital to Children’s Health Ireland
2. Transfer of certain employees from Tallaght Hospital to Children’s Health Ireland
3. Transfer of certain property from Tallaght Hospital to Children’s Health Ireland
4. Transfer of certain rights and liabilities of Tallaght Hospital to Children’s Health Ireland
5. Liability for loss occurring before commencement of this Part
6. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland
7. Preservation of contracts
8. Records
9. Saving for certain acts PART 8 Transfer of certain employees, property, rights and liabilities of Executive to Children’s Health Ireland
10. Transfer of certain employees from Executive to Children’s Health Ireland
11. Transfer of certain property, rights and liabilities from Executive to Children’s Health Ireland
12. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland
13. Preservation of contracts
14. Records PART 9 National Paediatric Hospital Development Board
15. Definitions
16. Amendment of Order
17. Transfer of certain property, rights and liabilities of Board to Children’s Health Ireland
18. Dissolution of Board
19. Liability for loss occurring before dissolution day
20. Provisions consequent upon transfer of functions, property, rights and liabilities to Executive
21. Final accounts and final annual report of Board
22. Cessation of membership of Board Acts Referred to Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 (No. 19) Companies Act 1990 (No. 33) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) European Parliament Elections Act 1997 (No. 2) Health (Miscellaneous Provisions) Act 2007 (No. 42) Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 (No. 20) Parental Leave Acts 1998 and 2006 Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Redundancy Payments Acts 1967 to 2014 Terms of Employment (

formation) Acts 1994 and 2012 Terms of Employment (

formation) Acts 1994 to 2012 Terms of Employment (

formation) Acts 1994 to 2014 Unfair Dismissals Acts 1977 to 2015 Number 27 of 2018 CHILDREN’S HEALTH ACT 2018 An Act to provide for the enhancement of children’s health services and for that purpose to establish a body to be known as Children’s Health Ireland to plan and deliver paediatric services; to provide for the transfer of employees, land, property, rights and liabilities of Our Lady’s Children’s Hospital, Crumlin to Children’s Health Ireland; to provide for the transfer of employees, property, rights and liabilities of the Children’s University Hospital, Temple Street to Children’s Health Ireland; to provide for the transfer of certain employees, property, rights and liabilities of the Adelaide and Meath Hospital, Dublin,

corporating the National Children’s Hospital to Children’s Health Ireland; to provide for the transfer of certain employees, property, rights and liabilities of the Health Service Executive to Children’s Health Ireland; to provide for an additional function of the National Paediatric Hospital Development Board and to transfer certain property, rights and liabilities of that Board to Children’s Health Ireland and to provide for the dissolution of that Board; and to provide for related matters. [20th November, 2018] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1.

to operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

terpretation 2.

this Act— “Board”, other than

Part 9

, means the Board referred to

section 12 ; “company” has the meaning it has

the Companies Act 2014 ; “Crumlin Hospital” means Our Lady’s Children’s Hospital, Crumlin; “establishment day” means the day appointed under section 4 ; “Executive” means the Health Service Executive; “General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) 1 “hospital” means the premises and services under the governance of the body established under section 5 ; “medical records” means records created, used and stored principally for the purposes of patient care and treatment containing data concerning health or genetic data within the meaning of the General Data Protection Regulation and any associated biological materials; “Minister” means the Minister for Health; “subsidiary” means a subsidiary within the meaning of section 7 of the Companies Act 2014 ; “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death; “Tallaght Hospital” means the Adelaide and Meath Hospital, Dublin,

corporating the National Children’s Hospital; “Temple Street Hospital” means the Children’s University Hospital. Expenses 3. The expenses

curred by the Minister

the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. PART 2 Establishment and Functions of Children’s Health Ireland Establishment day 4. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Children’s Health Ireland 5.

its corporate name. Object and functions 6.

a manner that embodies the values of child-centred, compassionate and progressive care provided with respect, excellence and

tegrity and

doing so it shall have the right and responsibility to promote the culture and traditional principles of voluntarism

the conduct of its

ternal and external affairs.

the hospital; (b) to provide for patient safety and quality of patient care

the hospital; (c) to promote excellence

the practice and provision of paediatric services and provide leadership

the advancement, development, organisation and delivery of paediatric services

an

tegrated clinical network for paediatric services; (

1. d)to facilitate, foster and promote, through educational and other programmes, the personal and professional development of its employees and to provide paediatric medical, nursing and health and social care professional training and education; (
2. e)to facilitate, foster, promote and carry out research and

novation aimed at improving paediatric services and advancing medical and scientific knowledge relating to paediatric services through research and scientific

vestigation and

quiry; (f) to provide

formation, advice, advocacy, and assistance

relation to paediatric services to the Minister, the Executive, the Health

formation and Quality Authority, and such other persons as have

volvement

the provision of paediatric services, as may be necessary; (

1. g)to advocate on behalf of children and young people about healthcare issues; (
2. h)to engage

or support fundraising and philanthropy

relation to Children’s Health Ireland and the provision of paediatric services

the hospital

pursuit of the object of Children’s Health Ireland; (i) to carry out such other functions as are necessary to provide paediatric services

the hospital.

the performance of its functions, Children’s Health Ireland shall have regard to— (

1. a)the objectives of the public health system and the role of Children’s Health Ireland within that system, (
2. b)the promotion of equity of access to paediatric services and of improved patient outcomes

the hospital, (

1. c)the need to secure the most beneficial, effective and efficient use of the resources available to it, and (
2. d)the views of children and young people

the development and delivery of services to them

hospital.

the formation or establishment of a company, or enter

to a joint venture, partnership or other corporate vehicle, for the purposes referred to

subsection

terests

a company, or become a member of a company.

such form consistent with this Act as may be determined by the Board with the approval of the Minister, given with the prior consent of the Minister for Public Expenditure and Reform.

subsection

such manner as the Board may require. (b) The Board shall make such reports on the operation of any subsidiaries, partnerships, joint ventures or other corporate vehicles as the Minister may request

such form as the Minister may require. Land, property, gifts and borrowing 9.

terest

land, (

1. b)to acquire, hold and dispose of any other property, (
2. c)to borrow money for capital or current purposes, for the purpose of the performance of its functions, and with the prior approval of the Executive and the consent of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance, subject to such conditions, if any, as may be imposed by the Executive, the Minister and the Minister for Public Expenditure and Reform or the Minister for Finance, and (
3. d)to accept gifts of money, land or other property on such trusts or conditions as may be specified by the donor but may not accept such gifts if the conditions attaching to such gifts are

consistent with its object or functions.

relation to any gift made on or after the commencement of Part 5 , 6 or 7 , references

such a gift to Crumlin Hospital, Temple Street Hospital or

respect of the paediatric services provided at Tallaght Hospital, shall be construed as references to Children’s Health Ireland. Accounts 10.

come and expenditure of Children’s Health Ireland, (b) the source of the

come and the subject matter of the expenditure, and (c) the property, assets and liabilities of Children’s Health Ireland.

respect of each financial year, cause to be prepared annual financial statements (

cluding accounts of

come and expenditure and of assets and liabilities of Children’s Health Ireland).

such form and for such financial years as the Minister may, with the consent of the Minister for Public Expenditure and Reform, specify.

any event, not later than 3 months after the end of the financial year to which the accounts relate.

formation the Minister may require

respect of any balance sheet, account or report of Children’s Health Ireland.

respect of any financial year or other period, and (b) shall facilitate the examination.

subsection

this section referred to as the “annual report of Children’s Health Ireland”)

relation to the performance of its functions during the period since its establishment, and (b) 31 May

each subsequent year, prepare and adopt a report (

this section also referred to as the “annual report of Children’s Health Ireland”)

relation to the performance of its functions during the preceding calendar year.

any event not later than 21 days after adopting the annual report, Children’s Health Ireland shall submit a copy of the annual report to the Minister.

accordance with this section. PART 3 Board of Children’s Health Ireland Board of Children’s Health Ireland 12.

the opinion of the Minister, experience or expertise

matters connected to the functions of Children’s Health Ireland or to corporate governance and management generally.

place to achieve Children’s Health Ireland’s strategic objectives, fulfil its object and perform its functions.

performing its functions, the Board shall act

utmost good faith with care, skill and diligence.

force until revoked by the Board.

formation relating to the performance of its functions as may be requested by the Minister. Membership of Board on establishment day 13.

such manner as the Board may determine, which ordinary members of the Board shall hold office for the period specified

subsection

subsection

this section “Children’s Hospital Group Board” means the non-statutory board appointed by the Minister and

place immediately before the establishment day. Subsequent Board 14.

accordance with sections 13 and 18 ) shall be made by the Minister, after consultation with the chairperson of the Board as to the experience and expertise required by the Board, and such members shall hold office for a term not exceeding 4 years.

accordance with subsection

accordance with subsection

so far as is practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

the same manner as the member who occasioned the casual vacancy was appointed.

each period of 12 months.

accordance with subsection

accordance with subsection

which case the member chosen

accordance with subsection

dictable offence, (c) is convicted of an offence

volving fraud or dishonesty, (

1. d)is the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , (
2. e)is sentenced to a term of imprisonment by a court of competent jurisdiction, (
3. f)is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession.

the letter, or the date on which the Minister receives the notice, whichever is the later. (b) A member who resigns from the Board by letter sent to the Minister should, no later than at the time of notifying the Minister, notify the chairperson of his or her

tention to resign.

capable through ill-health of performing his or her functions; (

1. b)the member has committed stated misbehaviour; or (
2. c)the removal of the member appears to the Minister to be necessary for the effective performance by the Board of its functions. Removal of all members of Board from office 18.

dependent review under subsection

an effective manner.

an effective manner, appoint a person to conduct an

dependent review of any matter giving rise to that opinion and submit a report to the Minister on the results of the review.

cluding access to such premises, equipment and records as the person may require for the purposes of the review.

the Minister’s opinion, the Board may require.

such manner as the Board may determine 5 ordinary members who shall hold office for a term of 5 years and 6 ordinary members who shall hold office for a term 3 years. Committees of Board 19.

writing the purpose and terms of reference of each committee of the Board.

writing by the Board unless the Board dispenses with the necessity for confirmation.

this section “Act of 1997” means the European Parliament Elections Act 1997 . Expenses of members of Board and committees 21. A member of the Board or committee of the Board shall be paid by Children’s Health Ireland, out of moneys at its disposal, such allowances for expenses properly

curred

respect of the member’s attendance at a meeting of the Board or of a committee, as the case may be, or otherwise

connection with the affairs of the Board as the Minister, with the consent of the Minister for Public Expenditure and Reform, may allow. Seal of Children’s Health Ireland 22.

strument made by Children’s Health Ireland and sealed by the seal of Children’s Health Ireland authenticated

accordance with this section, shall, unless the contrary is shown, be received

evidence and be deemed to be such

strument without further proof. PART 4 Chief Executive Officer and employees of Children’s Health Ireland Chief Executive Officer 23.

this Act referred to as the “Chief Executive Officer”).

subsection

accordance with such procedures as are determined by the Board.

cluding terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined by the Board with the approval of the Executive given with the consent of the Minister and the approval of the Minister for Public Expenditure and Reform.

writing, to and otherwise advise the Board at such meetings

accordance with the procedures of the Board regulated under section 16

this section “Children’s Hospital Group” means the administrative group having responsibility for staff and budgetary matters relating to services

Crumlin Hospital and Temple Street Hospital and paediatric services

Tallaght Hospital. Functions of Chief Executive Officer 24.

formation (

cluding financial

formation) relating to the performance of his or her functions as the Board may require.

the most efficient and effective manner.

writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the annual financial statements and reports of the Comptroller and Auditor General, shall give evidence to that Committee on— (a) the general regularity and propriety of the transactions recorded or required to be recorded

any book or other record of account subject to audit by the Comptroller and Auditor General that Children’s Health Ireland is required by this Act to prepare, (b) the economy and efficiency of Children’s Health Ireland

the use of its resources, (

1. c)the systems, procedures and practices employed by Children’s Health Ireland for the purpose of evaluating the effectiveness of its operations, and (
2. d)any matter affecting Children’s Health Ireland referred to

a special report of the Comptroller and Auditor General under section 11

any other report of the Comptroller and Auditor General (

so far as it relates to a matter specified

paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

subsection

the performance of the duties of the Chief Executive Officer under subsection

writing, the Chief Executive Officer may delegate any of his or her functions to a specified employee of Children’s Health Ireland, and that employee shall be accountable to the Chief Executive Officer for the performance of the functions so delegated.

accordance with this section. Employees of Children’s Health Ireland 26.

cluding those relating to remuneration and allowances, of employees.

accordance with its terms and conditions.

accordance with its terms and conditions.

this section prevents the relevant superannuation scheme being varied

accordance with its terms and conditions.

this section— “pensionable public servant” shall be construed

accordance with Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ; “relevant superannuation scheme” means the Voluntary Hospitals’ Superannuation Schemes 1969 and 1985 as amended; “Single Public Service Pension Scheme” means the scheme established under section 9 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 . PART 5 Transfer of employees, land, property, rights and liabilities of Crumlin Hospital to Children’s Health Ireland Transfer of employees from Crumlin Hospital to Children’s Health Ireland 28.

accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section shall not, on the day of transfer, be subject to less beneficial terms and conditions of service,

cluding those relating to tenure of office, or of remuneration, than those terms and conditions of service or of remuneration to which he or she was subject immediately before the day of transfer.

: (

1. a)the Redundancy Payments Acts 1967 to 2014; (
2. b)the Protection of Employees (Part-Time Work) Act 2001 ; (
3. c)the Protection of Employees (Fixed-Term Work) Act 2003 ; (
4. d)the Organisation of Working Time Act 1997 ; (
5. e)the Terms of Employment (

formation) Acts 1994 to 2014; (

1. f)the Minimum Notice and Terms of Employment Acts 1973 to 2005; (
2. g)the Unfair Dismissals Acts 1977 to 2015; (
3. h)the Maternity Protection Acts 1994 and 2004; (
4. i)the Parental Leave Acts 1998 and 2006; (
5. j)the Adoptive Leave Acts 1995 and 2005; (
6. k)the Carer’s Leave Act 2001 . Transfer of land from Crumlin Hospital to Children’s Health Ireland 29. On the commencement of this Part all lands that, immediately before such commencement, were vested

Crumlin Hospital and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested

Children’s Health Ireland for all the estate or

terest therein that, immediately before the commencement of this Part, were vested

Crumlin Hospital, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed. Transfer of property of Crumlin Hospital to Children’s Health Ireland 30.

cluding choses-

-action, that immediately before that commencement, was vested

Crumlin Hospital shall stand vested

Children’s Health Ireland without any assignment.

-action vested

Children’s Health Ireland by virtue of subsection

its own name, and it shall not be necessary for Children’s Health Ireland or Crumlin Hospital to give notice to any person bound by the chose-

-action of the vesting effected by that subsection. Transfer of rights and liabilities of Crumlin Hospital to Children’s Health Ireland 31.

its own name, and it shall not be necessary for Children’s Health Ireland or Crumlin Hospital to give notice to the person whose right or liability is transferred by that subsection of such transfer. Liability for loss occurring before the commencement of this Part 32.

respect of any loss or

jury alleged to have been suffered by any person arising out of the performance before the commencement of this Part of any of the functions of Crumlin Hospital shall on and after the commencement of this Part, lie against Children’s Health Ireland and not against Crumlin Hospital.

the proceedings of Children’s Health Ireland for Crumlin Hospital.

settlement of a claim to which subsection

such a claim has been given

favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall,

so far as they are enforceable against Crumlin Hospital, be enforceable against Children’s Health Ireland and not Crumlin Hospital.

respect of any loss or

jury arising from the act or default of any person before the commencement of this Part shall be regarded as having been made by or proper to be made by Children’s Health Ireland and may be pursued and sued for by Children’s Health Ireland as if the loss or

jury had been suffered by Children’s Health Ireland. Provisions consequent upon transfer of land, property, rights and liabilities to Children’s Health Ireland 33.

accordance with this Part that immediately before the commencement of this Part were standing

the name of Crumlin Hospital shall, on the request of Children’s Health Ireland, be transferred

to its name. Preservation of contracts 34. Every contract, agreement or arrangement to which Crumlin Hospital is a party and which is

force immediately before the commencement of this Part shall after that commencement— (a) continue

force, (

1. b)be enforceable by or against Children’s Health Ireland, and (
2. c)be read and have effect as if the name of Children’s Health Ireland were substituted

the contract, agreement or arrangement for that of Crumlin Hospital. Records 35.

formation

those records may be processed by Children’s Health Ireland only for purposes compatible with the purposes for which the

formation was originally obtained.

demnity for directors of Crumlin Hospital 36. Where the Minister is satisfied that a director of Crumlin Hospital has discharged his or her duties

pursuance of the functions of that hospital

good faith, the Minister may,

the manner and to the extent and subject to the terms and conditions as the Minister may determine from time to time with the consent of the Minister for Public Expenditure and Reform,

demnify that person against all actions or claims however they arise

respect of the discharge by him or her of his or her duties as a director of Crumlin Hospital. Saving for certain acts 37. Nothing

this Act affects the validity of any act done before the commencement of this Part by or under the authority of Crumlin Hospital and every such act shall, if and

so far as it was operative immediately before such commencement, have effect on or after that commencement as if it had been done by or on behalf of Children’s Health Ireland. PART 6 Transfer of employees, property, rights and liabilities of Temple Street Hospital to Children’s Health Ireland Transfer of employees from Temple Street Hospital to Children’s Health Ireland 38.

accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section shall not, on the day of transfer, be subject to less beneficial terms and conditions of service

cluding those relating to tenure of office, or of remuneration, than those terms and conditions of service or of remuneration to which he or she was subject immediately before the day of transfer.

: (

1. a)the Redundancy Payments Acts 1967 to 2014; (
2. b)the Protection of Employees (Part-Time Work) Act 2001 ; (
3. c)the Protection of Employees (Fixed-Term Work) Act 2003 ; (
4. d)the Organisation of Working Time Act 1997 ; (
5. e)the Terms of Employment (

formation) Acts 1994 to 2014; (

1. f)the Minimum Notice and Terms of Employment Acts 1973 to 2005; (
2. g)the Unfair Dismissals Acts 1977 to 2015; (
3. h)the Maternity Protection Acts 1994 and 2004; (
4. i)the Parental Leave Acts 1998 and 2006; (
5. j)the Adoptive Leave Acts 1995 and 2005; (
6. k)the Carer’s Leave Act 2001 . Transfer of property of Temple Street Hospital to Children’s Health Ireland 39.

cluding choses-

-action, as may be agreed between the Mater Misericordiae and the Children’s University Hospitals Ltd and the Executive that immediately before that commencement was vested

Temple Street Hospital shall stand vested

Children’s Health Ireland without any assignment.

-action vested

Children’s Health Ireland by virtue of subsection

its own name, and it shall not be necessary for Children’s Health Ireland or Temple Street Hospital, to give notice to any person bound by the chose-

-action of the vesting effected by that subsection. Transfer of rights and liabilities of Temple Street Hospital to Children’s Health Ireland 40.

its own name, and it shall not be necessary for Children’s Health Ireland, or Temple Street Hospital, to give notice to the person whose right or liability is transferred by that subsection of such transfer. Liability for loss occurring before the commencement of this Part 41.

respect of any loss or

jury alleged to have been suffered by any person arising out of the performance before the commencement of this Part of any of the functions of Temple Street Hospital shall on and after that commencement, lie against Children’s Health Ireland and not against Temple Street Hospital.

the proceedings of Children’s Health Ireland

so far as they so relate, for Temple Street Hospital.

settlement of a claim to which subsection

such a claim has been given

favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall,

so far as they are enforceable against Temple Street Hospital, be enforceable against Children’s Health Ireland and not Temple Street Hospital.

respect of any loss or

jury arising from the act or default of any person before the commencement of this Part shall be regarded as having been made by or proper to be made by Children’s Health Ireland and may be pursued and sued for by Children’s Health Ireland as if the loss or

jury had been suffered by Children’s Health Ireland. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland 42.

accordance with this Part that immediately before the commencement of this Part were standing

the name of Temple Street Hospital shall, on the request of Children’s Health Ireland, be transferred

to its name. Preservation of contracts 43. Every contract, agreement or arrangement to which Temple Street Hospital is a party and which is

force immediately before the commencement of this Part shall after that commencement— (a) continue

force, (

1. b)be enforceable by or against Children’s Health Ireland, and (
2. c)be read and have effect as if the name of Children’s Health Ireland were substituted

the contract, agreement or arrangement for that of Temple Street Hospital. Records 44.

formation

those records may be processed by Children’s Health Ireland only for purposes compatible with the purposes for which the

formation was originally obtained.

demnity for directors of Temple Street Hospital 45. Where the Minister is satisfied that a director of Temple Street Hospital has discharged his or her duties

pursuance of the functions of that hospital

good faith, the Minister may,

the manner and to the extent and subject to the terms and conditions as the Minister may determine from time to time with the consent of the Minister for Public Expenditure and Reform,

demnify that person against all actions or claims however they arise

respect of the discharge by him or her of his or her duties as a director of Temple Street Hospital. Saving for certain acts 46. Nothing

this Act affects the validity of any act done before the commencement of this Part by or under the authority of Temple Street Hospital and every such act shall, if and

so far as it was operative immediately before such commencement, have effect on or after that commencement as if it had been done by or on behalf of Children’s Health Ireland. PART 7 Transfer of certain employees, property, rights and liabilities of Tallaght Hospital to Children’s Health Ireland Transfer of certain employees from Tallaght Hospital to Children’s Health Ireland 47.

accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section shall not, on the day of transfer, be subject to less beneficial terms and conditions of service

cluding those relating to tenure of office, or of remuneration, than those terms and conditions of service or of remuneration to which he or she was subject immediately before the day of transfer.

: (

1. a)the Redundancy Payments Acts 1967 to 2014; (
2. b)the Protection of Employees (Part-Time Work) Act 2001 ; (
3. c)the Protection of Employees (Fixed-Term Work) Act 2003 ; (
4. d)the Organisation of Working Time Act 1997 ; (
5. e)the Terms of Employment (

formation) Acts 1994 to 2012; (

1. f)the Minimum Notice and Terms of Employment Acts 1973 to 2005; (
2. g)the Unfair Dismissals Acts 1977 to 2015; (
3. h)the Maternity Protection Acts 1994 and 2004; (
4. i)the Parental Leave Acts 1998 and 2006; (
5. j)the Adoptive Leave Acts 1995 and 2005; (
6. k)the Carer’s Leave Act 2001 . Transfer of certain property from Tallaght Hospital to Children’s Health Ireland 48.

cluding choses-

-action, that, immediately before the commencement of this Part, was vested

Tallaght Hospital and associated with paediatric services

that hospital and appropriate for transfer to Children’s Health Ireland, as may be agreed between Tallaght Hospital and the Executive and after the establishment day, Children’s Health Ireland, shall, on such day or days as the Minister may specify, stand vested

Children’s Health Ireland without any assignment.

-action vested

Children’s Health Ireland by subsection

its own name, and it shall not be necessary for Children’s Health Ireland or Tallaght Hospital, to give notice to any person bound by the chose-

-action of the vesting effected by that subsection. Transfer of certain rights and liabilities of Tallaght Hospital to Children’s Health Ireland 49.

that hospital and agreed between Tallaght Hospital, the Executive and, after the establishment day, Children’s Health Ireland and arising by virtue of any contract or commitment (express or implied), shall stand transferred to Children’s Health Ireland on such day or days as the Minister may specify.

its own name, and it shall not be necessary for Children’s Health Ireland, or Tallaght Hospital, to give notice to the person whose right or liability is transferred by that subsection of such transfer. Liability for loss occurring before commencement of this Part 50.

respect of any loss or personal

jury alleged to have been suffered by any person arising as a result of receiving paediatric services at Tallaght Hospital before the commencement of this Part, shall on and after the commencement of this Part lie against Children’s Health Ireland and not against Tallaght Hospital.

the proceedings of Children’s Health Ireland,

so far as they so relate, for Tallaght Hospital.

settlement of a claim to which subsection

such a claim has been given

favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall,

so far as they are enforceable against Tallaght Hospital, be enforceable against Children’s Health Ireland

so far as they so relate and not Tallaght Hospital.

respect of any loss or

jury arising from the act or default of any person before the commencement of this Part, which is agreed, before the establishment day, between the Executive and Tallaght Hospital and, after the establishment day, between Children’s Health Ireland and that hospital as relating to paediatric services, shall be regarded as having been made by or proper to be made by Children’s Health Ireland and may be pursued and sued for by Children’s Health Ireland as if the loss or

jury had been suffered by Children’s Health Ireland. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland 51.

the name of Tallaght Hospital shall, on the request of Children’s Health Ireland, be transferred

to its name. Preservation of contracts 52. A contract, agreement or arrangement to which Tallaght Hospital is a party and which is transferred to Children’s Health Ireland under this Part shall after the transfer to Children’s Health Ireland— (a) continue

force, (

1. b)be enforceable by or against Children’s Health Ireland, and (
2. c)be read and have effect as if the name of Children’s Health Ireland were substituted

the contract, agreement or arrangement for that of Tallaght Hospital. Records 53.

formation

those records may be processed by Children’s Health Ireland only for purposes compatible with the purposes for which the

formation was originally obtained. Saving for certain acts 54. Nothing

this Act affects the validity of any act, relating to paediatric services

Tallaght hospital, done before the commencement of this Part by or under the authority of Tallaght Hospital, and every such act shall, if and

so far as it was operative immediately before that commencement, have effect on or after that commencement as if it had been done by Children’s Health Ireland. PART 8 Transfer of certain employees, property, rights and liabilities of Executive to Children’s Health Ireland Transfer of certain employees from Executive to Children’s Health Ireland 55.

accordance with a collective agreement negotiated with a recognised trade union or staff association, a person who is transferred to Children’s Health Ireland under subsection

cluding those relating to tenure of office, or of remuneration, than those terms and conditions of service or of remuneration to which he or she was subject immediately before the day of transfer.

respect of a person referred to

subsection

respect of that person immediately before the commencement of this Part.

: (

1. a)the Redundancy Payments Acts 1967 to 2014; (
2. b)the Protection of Employees (Part-Time Work) Act 2001 ; (
3. c)the Protection of Employees (Fixed-Term Work) Act 2003 ; (
4. d)the Organisation of Working Time Act 1997 ; (
5. e)the Terms of Employment (

formation) Acts 1994 and 2012; (

1. f)the Minimum Notice and Terms of Employment Acts 1973 to 2005; (
2. g)the Unfair Dismissals Acts 1977 to 2015; (
3. h)the Maternity Protection Acts 1994 and 2004; (
4. i)the Parental Leave Acts 1998 and 2006; (
5. j)the Adoptive Leave Acts 1995 and 2005; (
6. k)the Carer’s Leave Act 2001 . Transfer of certain property, rights and liabilities from Executive to Children’s Health Ireland 56.

cluding choses-

-action) of the Executive subsisting immediately before the commencement of this Part and arising by virtue of any contract or commitment (express or implied) entered

to by the Executive and relating to Children’s Health Ireland as may— (

1. a)before the commencement of this Part, be designated by the Executive, or (
2. b)after the commencement of this Part, be agreed between the Executive and Children’s Health Ireland, shall, on such day or days as the Minister may specify, stand transferred to Children’s Health Ireland.

its own name, and it shall not be necessary for Children’s Health Ireland, or the Executive, to give notice to the person whose right or liability is transferred by that subsection of such transfer. Provisions consequent upon transfer of property, rights and liabilities to Children’s Health Ireland 57. Anything commenced and not completed before the commencement of this Part by or under the authority of the Executive and transferred under this Part, may,

so far as it so relates, be carried on or completed by Children’s Health Ireland after that transfer. Preservation of contracts 58. A contract, agreement or arrangement to which the Executive is a party and which is transferred to Children’s Health Ireland under this Part shall after that transfer— (a) continue

force, (

1. b)be enforceable by or against Children’s Health Ireland, and (
2. c)be read and have effect as if the name of Children’s Health Ireland were substituted

the contract, agreement or arrangement for that of the Executive. Records 59. Such records pertaining to matters relevant to Children’s Health Ireland, held by the Executive and identified by the Executive as appropriate for transfer to Children’s Health Ireland, shall on or after commencement of this Part stand transferred to Children’s Health Ireland and, on or after the transfer, shall be the property of Children’s Health Ireland and be deemed to be held by Children’s Health Ireland. PART 9 National Paediatric Hospital Development Board Definitions 60.

this Part— “Board” means the National Paediatric Hospital Development Board; “dissolution day” means the day appointed under section 63 ; “Order” means the National Paediatric Hospital Development Board (Establishment) Order 2007 ( S.I. No. 246 of 2007 ), confirmed under section 5 of the Health (Miscellaneous Provisions) Act 2007 . Amendment of Order 61. The Order is amended— (a)

Article 3

, by the deletion of the definition of “relevant hospitals”, (b)

Article 5

— (i)

paragraph

sertion of the following subparagraph after subparagraph (d): “(da) to plan, design, build, furnish and equip a maternity hospital

accordance with a brief approved by the Executive with the prior consent of the Minister, and subject to any subsequent variations to this brief as may be determined by the Executive

consultation with the Board, and with the prior consent of the Minister;”, and (II) the deletion of subparagraphs (b), (c) and (d), and (ii)

paragraph

each place where it occurs, (c)

Article 6

by the substitution of “Children’s Health Ireland” for “relevant hospitals”, and (d)

Article 9— (i) by the substitution of the following paragraph for paragraph

the opinion of the Minister, have experience and expertise

relation to matters connected to the functions of the Board such as would enable such persons to make a substantial contribution to the performance by the Board of its functions.”, (ii)

paragraph

the event of a casual vacancy arising through the death, resignation or cessation of membership under this Article of a member of the Board,

cluding the Chairperson, the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as a member of the Board for the unexpired term of office of the said member.”. Transfer of certain property, rights and liabilities of Board to Children’s Health Ireland 62.

cluding choses-

-action, contractual obligations and other commitments, express or implied) of the Board, as may be agreed between the Board, the Executive and Children’s Health Ireland, shall, with the consent of the Minister, stand transferred to Children’s Health Ireland on such day or days as the Minister may specify.

its own name, and it shall not be necessary for Children’s Health Ireland or the Board to give notice to the person whose right or liability is transferred by that subsection of such transfer. Dissolution of Board 63.

to by it before the dissolution day shall on that day stand transferred to the Executive.

its own name and it shall not be necessary for the Executive to give notice to the person whose right or liability is transferred by this section of such transfer.

to by the Board

relation to land or other property and

force immediately before the dissolution day, shall continue

force as if granted by the Executive. Liability for loss occurring before dissolution day 64.

respect of any loss or

jury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Board shall on and after that day, lie against the Executive and not against the Board.

the proceedings of the Executive for the Board.

settlement of a claim to which subsection

such a claim has been given

favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall,

so far as they are enforceable against the Board, be enforceable against the Executive and not the Board.

respect of any loss or

jury arising from the act or default of any person before the dissolution day shall on and after that day be regarded as having been made by or proper to be made by the Executive and may be pursued and sued for by the Executive as if the loss or

jury had been suffered by the Executive. Provisions consequent upon transfer of functions, property, rights and liabilities to Executive 65.

strument made under an enactment and every document (

cluding any certificate) granted or made by the Board

the performance of its functions, shall, if and

so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Executive.

the constitution of any company shall, on and after the dissolution day, be construed as references to the Executive. Final accounts and final annual report of Board 66.

respect of the period up to and

cluding the dissolution day, prepare final accounts of the Board.

subsection

subsection

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