Health (Miscellaneous Provisions) Act 2014

Health (Miscellaneous Provisions) Act 2014 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Health (Miscellaneous Provisions) Act 2014 Health (Miscellaneous Provisions) Act 2014 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 33 of 2014 HEALTH (MISCELLANEOUS PROVISIONS) ACT 2014 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

Section 3

PART 2

Amendment of Health and Social Care Professionals Act 2005

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

20.Amendment of Principal Act - insertion of section 36A (transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician)

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

PART 3

Amendment of Health Act 1970

Section 41

Section 42

Section 43

Section 44

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Health (Miscellaneous Provisions) Act 2014.

Repeal of Opticians Act 1956 2. The Opticians Act 1956 is repealed.

Expenses 3. The expenses incurred by the Minister for Health in 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 money provided by the Oireachtas.

PART 2

Amendment of Health and Social Care Professionals Act 2005 Definition of “Principal Act”

Amendment of section 3 of Principal Act 5. Section 3(1) of the Principal Act is amended by inserting the following definitions: “‘Act of 1956’ means the Opticians Act 1956 ; ‘afocal goggles’ or ‘afocal sunglasses’ means goggles or sunglasses containing lenses with no optical power; ‘contact lenses’ includes any device, designed to be worn in contact with the ocular surface, for the correction of vision, for the provision of a decorative or cosmetic effect, for a therapeutic purpose, or for any other reason, and regardless of the optical properties or the absence of optical properties of the device; ‘new name’, in relation to a registration board referred to in section 26(1), means the most recent name (if any) that the board has been given pursuant to regulations under section 4; ‘ready-made reading spectacles’ means spectacles that have 2 single vision lenses each of which has the same positive spherical power not exceeding 4 dioptres and the purpose of which is to relieve the condition known as presbyopia; ‘relevant day’ means the day on which section 2 of the Health (Miscellaneous Provisions) Act 2014 is commenced; ‘relevant medical disability’, in relation to a person seeking registration as a member of a designated profession, or who is a registrant of that profession, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair his or her ability to practise that profession or a particular aspect thereof; ‘spectacles’ includes— (a) contact lenses, (b) pince-nez, and (c) monocles, but does not include— (i) afocal goggles or similar articles, (ii) afocal sunglasses or similar articles, or (iii) ready-made reading spectacles;”.

Amendment of section 4 of Principal Act 6. Section 4 of the Principal Act is amended— (a) in subsection (1) — (i) by inserting the following paragraph after paragraph (b): “(ba) dispensing optician;”, (ii) by inserting the following paragraph after paragraph (d): “(da) optometrist;”, and (iii) by inserting the following paragraph after paragraph (i): “(ia) radiation therapist;”, (b) by substituting the following subsections for subsection (5): “(5) Regulations under this section shall, in relation to a profession designated in the regulations, either— (a) (i) subject to subsection (5A), include provision for the establishment of a registration board for that profession, and (ii) specify the name by which the registration board is to be known, or (b) specify— (i) the name (or, if applicable, the new name) of the registration board referred to in section 26(1) that shall be the registration board for that profession, and (ii) that, in order to take account of the fact referred to in subparagraph (i), from the date on which the first appointment under section 28A(4) or (5), as the case may be, takes effect, the registration board referred to in that subparagraph— (I) is to cease to be known by the name (or, if applicable, the new name) it had immediately before that date, and (II) shall be known by the new name specified for it in the regulations. (5A) Regulations under this section may establish one registration board for 2 or more professions designated in the regulations.”, and (c) in subsection (7), by inserting “(whether effected by virtue of an amendment to subsection (1) or by regulations under this section)” after “number of designated professions”.

Amendment of section 9 of Principal Act 7. Section 9 of the Principal Act is amended by inserting the following subsection after subsection (7): “(8) The Council shall elect a deputy chairperson of the Council from amongst its members in accordance with Schedule 1.”

Amendment of section 11 of Principal Act 8. Section 11 of the Principal Act is amended— (a) in subsection (1), by substituting the following paragraphs for paragraph (b): “(b) act as registrar of each registration board, (ba) perform any other functions that may be delegated by the Council or a registration board, and”, and (b) by inserting the following subsection after subsection (3): “(4) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this Act may be performed by a member of the staff of the Council designated by the Council.”

Amendment of section 18 of Principal Act 9. Section 18 of the Principal Act is amended— (a) in subsection (1), by inserting the following paragraphs after paragraph (e): “(ea) subject to subsection (1A), the consideration by a registration board of an application under section 48 by an institution for approval of an education and training programme; (eb) subject to subsection (1A), the annual retention of an approval under section 48 by a registration board of an institution’s education and training programme;”, and (b) by inserting the following subsection after subsection (1): “(1A) The Council shall not exercise its power under subsection (1)(ea) or (eb) except with the consent of the Minister.”

Amendment of section 23 of Principal Act 10. Section 23(1) of the Principal Act is amended by inserting “, section 42B or 43” after “under this Part”.

Amendment of section 24 of Principal Act 11. Section 24 of the Principal Act is amended by inserting the following subsection after subsection (3): “(4) The removal of the members of the Council from office does not revoke or otherwise affect any delegation of the Council’s functions under section 11.”

Amendment of section 26 of Principal Act 12. Section 26 of the Principal Act is amended— (a) in subsection (1), by inserting the following paragraph after paragraph (d): “(da) the Optical Registration Board;”, and (b) by inserting the following subsections after subsection (1): “(1A) The Optical Registration Board is the registration board of both the designated profession of optometrist and the designated profession of dispensing optician. (1B) The Radiographers Registration Board is the registration board of both the designated profession of radiographer and the designated profession of radiation therapist.”

Amendment of section 27 of Principal Act 13. Section 27 of the Principal Act is amended— (a) in subsection (3)(a), by inserting “(which, in the case of a registration board which is the registration board of 2 or more designated professions, means a register for each of those professions)” after “of the designated profession”, and (b) by inserting the following subsection after subsection (4): “(5) Without prejudice to the generality of section 11, the registrar of a registration board shall perform any functions that may be delegated by the board.”

Amendment of section 27A of Principal Act 14. Section 27A of the Principal Act is amended by inserting the following subsections after subsection (4): “(5) Subject to subsection (6), a person who was, immediately before the day on which the register of a designated profession is established under section 36(1), the competent authority under Directive 2005/36/EC in relation to the designated profession concerned shall, before the expiration of the number of days after that day that has been prescribed under section 95 for the purposes of this subsection, give the registration board of that profession all the records, being records of such kind and in such format that have been prescribed under section 95 for the purposes of this subsection, that are in the person’s power or control and that the person acquired in the person’s former capacity as such competent authority, that the board requires to perform its functions— (a) as the competent authority under that Directive for that profession, and (b) under this Act as the registration board of that profession.

Amendment of section 28 of Principal Act 15. Section 28 of the Principal Act is amended— (a) in subsection (1), by substituting “subsections (4) to (6), subsection (8) and section 36B(1), the registration board of a designated profession, other than a registration board which is the registration board of 2 or more designated professions,” for “subsections (4) to (6), the registration board of a designated profession”, and (b) by inserting the following subsection after subsection (7): “(8) Paragraph (a) of subsection (1) does not apply to the registration board of a designated profession during the transitional period, within the meaning of section 90, applicable to that board.”

Amendment of Principal Act - insertion of section 28A (membership of registration boards of 2 or more designated professions) 16. The Principal Act is amended by inserting the following section after section 28 : “Membership of registration boards of 2 or more designated professions 28A. (1) Subject to subsections (4), (5), (6), (7), (10)(a) and (11), a registration board that is the registration board of 2 or more designated professions is to consist of the following members: (a) 6 persons appointed by the Minister on the election of the person concerned by the registrants of that designated profession of which he or she is a member, of whom— (i) 3 are to be registrants of any of those professions that are prescribed for the purposes of this subparagraph and who are engaged in the practice of any of those professions so prescribed, (ii) 2 are to be registrants of any of those professions that are prescribed for the purposes of this subparagraph and who are engaged, as members of any of those professions so prescribed, in the management of services provided by any of those professions so prescribed, and (iii) one is to be a registrant of any of those professions that are prescribed for the purposes of this subparagraph and who is engaged in the State in the education and training of persons with respect to the practice of any of those professions so prescribed; (b) 7 persons appointed by the Minister, of whom— (i) one is to be representative of the management of the public health sector, the social care sector or both sectors, (ii) one is to be representative of the management of a voluntary or private sector organisation concerned with health or social care, (iii) one is to be representative of third level educational establishments in the State involved in the education and training of persons with respect to the practice of one or more than one of those professions and is nominated by the Minister for Education and Skills, and (iv) 4 are to be representative of the interest of the general public and are appointed with the consent of the Minister for Jobs, Enterprise and Innovation.

Amendment of section 31 of Principal Act 17. Section 31(1) of the Principal Act is amended— (a) in paragraph (a), by inserting “or 28A, as appropriate,” after “section 28”, and (b) by inserting the following paragraph after paragraph (ia): “(ib) if the board is the Optical Registration Board, for the purposes of section 81C or 81D;”.

Amendment of section 34 of Principal Act 18. Section 34 of the Principal Act is amended by inserting the following subsection after subsection (3): “(4) The removal of the members of a registration board from office does not revoke or otherwise affect any delegation of the board’s functions under this Act.”

Amendment of section 36 of Principal Act 19. Section 36(1)(b) of the Principal Act is amended by inserting “, or entitled, by virtue of section 79(4) (b), to use a title referred to in section 79(1), (2) or (3),” after “or 91”.

Amendment of Principal Act - insertion of section 36A (transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician) 20. The Principal Act is amended by inserting the following section after section 36: “Transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician 36A. (1) A person who, immediately before the relevant day, was registered in a division of the Register of Optometrists within the meaning of the Act of 1956 shall, on the relevant day, be deemed to be registered in the equivalent division of the register of optometrists, and any conditions that were, immediately before the relevant day, attached to his or her registration in that division of that Register of Optometrists shall, on the relevant day, be deemed to be attached to his or her registration in that equivalent division of the register of optometrists.

Amendment of Principal Act - insertion of section 36B (transitional provisions applicable to register of radiographers) 21. The Principal Act is amended by inserting the following section after section 36A (inserted by section 20): “Transitional provisions applicable to register of radiographers 36B. (1) The division of the register of radiographers relating to radiographers, as in force immediately before the commencement of section 21 of the Health (Miscellaneous Provisions) Act 2014 shall, with effect from that commencement, be deemed to be the register of radiographers required by section 36 to be established and maintained by the registration board of that profession, and the other provisions of this Act shall apply to the register of radiographers accordingly.

Amendment of section 38 of Principal Act 22. Section 38 of the Principal Act is amended— (a) in subsection (1)(b), by inserting “subject to subsections (1A) and (2A) to (2D),” before “holds”, (b) in subsection (1)(c), by inserting “(including, subject to section 40A, physically and mentally a fit and proper person)” after “fit and proper person”, (c) by inserting the following subsection after subsection (1): “(1A) (a) Paragraph (b) of subsection (1) does not apply in the case of a person seeking registration as a member of the designated profession of optometrist if he or she was at any prior time registered in the Register of Optometrists within the meaning of the Act of 1956. (b) Paragraph (b) of subsection (1) does not apply in the case of a person seeking registration as a member of the designated profession of dispensing optician if he or she was at any prior time registered in the Register of Dispensing Opticians within the meaning of the Act of 1956.”, (d) in subsection (2) — (i) by substituting “Subject to subsections (2A) and (2D), a person holds” for “A person holds”, (ii) in paragraph (b), by substituting “that Directive,” for “that Directive, or”, (iii) in paragraph (c) (ii), by substituting “of the person, or” for “of the person,”, and (iv) by inserting the following paragraph after paragraph (c): “(d) the person is a person, other than a person referred to in paragraph (a), (b) or (c), who— (i) was lawfully engaged in the practice of that profession for a period of not less than 5 years, and (ii) holds a qualification (being a qualification that has never been, or that has formerly been, a qualification within the meaning of section 3(1)) awarded in the State— (I) listed opposite that profession in the third column of Schedule 3, or (II) prescribed under section 95 for that profession.”, and (e) by inserting the following subsections after subsection (2): “(2A) Subject to subsection (2B), a person seeking registration as a member of the designated profession of optometrist shall not be registered as such unless he or she has undergone such courses of training and passed such examinations that, immediately before the relevant day, were specified for the purposes of section 24 of the Act of 1956 in rules made under section 18 of that Act. (2B) Subject to subsection (2C), subsection (2A) shall cease to be in operation immediately upon the coming into operation of a bye-law (if any) made by the Optical Registration Board relating to— (a) the designated profession of optometrist, and

(b) a matter falling within section 31(1)(c). (2C) Subsection (2A) shall not cease to be in operation by virtue of subsection (2B) in the case of a person seeking registration as a member of the designated profession of optometrist who has, before the coming into operation of the bye-law referred to in subsection (2B), undergone the courses of training referred to in subsection (2A) and passed the examinations referred to in subsection (2A). (2D) Subject to subsection (2E), a person seeking registration as a member of a designated profession (other than the profession of optometrist) in respect of which the registration board of the profession has not yet made a bye-law relating to that profession and on a matter falling within section 31(1)(c) (or, if the board has made such bye-law, the bye-law has not yet come into operation) shall not be registered as such unless he or she holds a qualification (not being a qualification within the meaning of section 3(1)) awarded in the State that renders that person eligible to be appointed as an employee of the Health Service Executive to perform, as such employee, the functions of a member of that profession. (2E) Subsection (2D) shall cease to be in operation in relation to a particular designated profession immediately upon the coming into operation of a bye-law (if any) made by the registration board of that profession relating to that profession and on a matter falling within section 31(1)(c).”

Amendment of Principal Act - insertion of section 40A (conditions attached to registration) 23. The Principal Act is amended by inserting the following section after section 40: “Conditions attached to registration 40A. (1) A person making an application for registration as a member of a designated profession shall declare in the application whether he or she has any relevant medical disability.

Amendment of section 48 of Principal Act 24. Section 48(1) of the Principal Act is amended by substituting the following paragraph for paragraph (a): “(a) subject to the payment of the fee (if any) set under section 18(1)(eb), approve that programme annually if it is satisfied that it is suitable for the education and training of candidates for registration in its register, or”.

Amendment of section 51 of Principal Act 25. Section 51 of the Principal Act is amended by substituting the following subsection for subsection (3): “(3) None of the following persons is eligible to be appointed as the chairperson or an ordinary member of a committee established under this section: (a) the chairperson of the Council; (b) the chairperson of a registration board; (c) the deputy chairperson of the Council.”

Amendment of section 52 of Principal Act 26. Section 52(1) of the Principal Act is amended by substituting the following paragraph for paragraph (c): “(c) a relevant medical disability,”.

Amendment of section 53 of Principal Act 27. Section 53 of the Principal Act is amended— (a) in subsection (1), by substituting “Subject to subsection (1A), as soon” for “As soon”, and (b) by inserting the following subsections after subsection (1): “(1A) Where a complaint is made on a ground specified in section 52(1) (g), the Council shall consider it and— (a) if it is of the opinion that— (i) the nature of the offence or the circumstances in which it was committed ought to disqualify the registrant from practising the designated profession concerned, and (ii) it is in the public interest that it take action immediately under this paragraph, the Council shall give a direction under section 66(1) to the registration board concerned to cancel the registration of the registrant, and (b) in any other case, the Council shall comply with subsection (1) in respect of the complaint and direct the preliminary proceedings committee to deal with the complaint as if the Council had not considered it under this subsection. (1B) Nothing in subsection (1A) shall be construed to— (a) prejudice the generality of section 60, or (b) limit the range of disciplinary sanctions which the registration board concerned may recommend to the Council under section 65(1) be imposed on the registrant concerned in any case where the Council has taken the action referred to in subsection (1A)(b).”

Amendment of Principal Act - insertion of section 53A (persons to assist preliminary proceedings committee) 28. The Principal Act is amended by inserting the following section after section 53: “Persons to assist preliminary proceedings committee 53A. (1) The Council— (a) may appoint persons (including any members of the staff of the Council other than the chief executive officer) to assist the preliminary proceedings committee, and (b) shall determine the conditions of appointment of persons so appointed.

Amendment of section 60 of Principal Act 29. Section 60 of the Principal Act is amended by substituting the following subsections for subsections (1) and (2): “(1) The Council may make an ex parte application to the Court for an order directing a registration board to suspend the registration of a registrant, whether or not the registrant is the subject of a complaint, if the Council considers that the suspension is necessary to protect the public until steps or further steps are taken under this Part.

Amendment of section 66 of Principal Act 30. Section 66 of the Principal Act is amended— (a) in subsection (1), by substituting “Subject to section 53(1A), if a committee” for “If a committee”, and (b) in subsection (2)(a), by substituting “from practising” for “for practising”.

Amendment of Principal Act - insertion of section 78A (information Council may publish in public interest) 31. The Principal Act is amended by inserting the following section after section 78 but in Part 6: “Information Council may publish in public interest 78A. The Council shall, if it is satisfied that it is in the public interest to do so, after consultation with a committee of inquiry, publish a transcript of all or any part of the proceedings of the committee at an inquiry under this Part, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified.”

Amendment of section 79 of Principal Act 32. Section 79 of the Principal Act is amended by deleting subsection (5).

Amendment of section 80 of Principal Act 33. Section 80 of the Principal Act is amended— (a) in subsection (1), by deleting “, with intent to deceive,”, (b) in subsection (2), (i) by deleting “, with intent that any person be deceived,”, and (ii) by deleting “with intent to deceive”, and (c) by inserting the following subsections after subsection (5): “(6) It shall be a defence in proceedings for an offence under subsection (1)(a) or (2) for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence.

Amendment of Principal Act - insertion of Part 7A (prescription and sale of spectacles) 34. The Principal Act is amended by inserting the following Part after section 81: “Part 7A Prescription and Sale of Spectacles Restriction on prescribing spectacles and dispensing prescriptions for spectacles 81A. (1) A person shall not, on or after the relevant day, issue a prescription for spectacles unless he or she is a registered medical practitioner or a registrant of the designated profession of optometrist.

Restriction on selling spectacles 81B. (1) Subject to subsection (2), a person shall not, on or after the relevant day, sell spectacles unless— (a) if the person is not a body corporate, the person is a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician or, if the sale is conducted on behalf of the person by another person, that other person is a registered medical practitioner or such a registrant, or (b) if the person is a body corporate, the sale is conducted by a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician.

Bye-laws for regulation and control of prescribing, dispensing of prescriptions or sales 81C. (1) The Optical Registration Board may, by bye-laws, make provision for the regulation and control of— (a) the prescribing of spectacles by registrants of the designated profession of optometrist, (b) the dispensing of prescriptions of registered medical practitioners or registrants of the designated profession of optometrist for spectacles by registrants of the designated profession of optometrist or dispensing optician, or (c) sales of spectacles, being sales by or conducted by registrants of the designated profession of optometrist or dispensing optician, including sales assisted by persons referred to in section 81B(2).

Bye-laws for control of advertising 81D. (1) The Optical Registration Board may, by bye-laws, make provision for the control of advertising (including advertising by way of canvassing) which advertises— (a) a registrant of the designated profession of optometrist or dispensing optician, (b) the prescribing of spectacles or the provision of orthoptic treatment by a registrant of the designated profession of optometrist, (c) the dispensing of prescriptions for spectacles by registrants of the designated profession of optometrist or dispensing optician, or (d) sales of spectacles, being sales by or conducted by a registrant of the designated profession of optometrist or dispensing optician.

Saver for manufacture of spectacles, etc.

81E. Nothing in this Part shall operate to prevent or restrict— (a) the manufacture of spectacles, (b) the sale by wholesale of spectacles, (c) the sale to hospitals of spectacles, (d) the employment of persons to carry out work on spectacles under the supervision of a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician, or (e) the repair of the frames of spectacles.”

Amendment of section 91 of Principal Act 35. Section 91(5) of the Principal Act is amended by inserting “or the profession of dispensing optician, optometrist or radiation therapist” after “profession listed in the second column of Schedule 3”.

Amendment of Principal Act - insertion of Part 9A (dissolution of Opticians Board) 36. The Principal Act is amended by inserting the following Part after Part 9: “Part 9A Dissolution of Opticians Board Definition of ‘Opticians Board’ 91B. In this Part ‘Opticians Board’ means Bord na Radharcmhastóirí.

Dissolution of Opticians Board 91C. (1) The Opticians Board is, by this Act, dissolved on the relevant day.

Transfer of staff 91D. (1) Every person who, immediately before the relevant day, was a member of the staff of the Opticians Board is, on the relevant day, transferred to, and becomes a member of, the Council’s staff.

Transfer of property and liabilities to Council 91E. (1) With effect from the relevant day, the following are transferred to the Council: (a) all property (real and personal) and rights held or enjoyed immediately before that day by the Opticians Board; (b) all liabilities incurred before that day by the Opticians Board that had not been discharged before that day.

Preservation of certain contracts, etc., and adaptation of references 91F. Every contract or agreement made between the Opticians Board (or any trustee or agent acting on its behalf) and any other person, and in force immediately before the relevant day— (a) continues in force on and after that day, (b) is to be read and have effect as if the name of the Council were substituted in the contract or agreement, as the case may be, for that of the Opticians Board or, as the case may be, any trustee or agent acting on its behalf, and (c) is enforceable against the Council.

Pending legal proceedings 91G. If, immediately before the relevant day, any legal proceedings to which the Opticians Board is a party are pending, the Council’s name shall be substituted in the proceedings for the name of the Opticians Board, and the proceedings shall not abate because of the substitution.

Preparation of accounts 91H. (1) As soon as practicable after the relevant day, the Council shall prepare, in such form as may be approved by the Minister, all proper and usual accounts of money received or expended by the Opticians Board in the accounting year, or the part of an accounting year, of that Board ending immediately before the relevant day.

Transfer of records 91I. (1) Each record held by the Opticians Board immediately before the relevant day— (a) shall, on that day, stand transferred to the Council, and (b) shall, on and from that day, be deemed to be held by the Council.

Liability of Opticians Board for acts or omissions 91J. (1) Neither the Opticians Board nor any person who is or was a member, officer or employee of the Opticians Board or a committee of the Opticians Board is liable for damages for anything done or omitted to be done by the Opticians Board or that person in good faith and without negligence under the Act of 1956.

Amendment of section 95 of Principal Act 37. Section 95 of the Principal Act is amended by substituting the following subsection for subsection (3): “(3) After consulting the registration board of a designated profession and any organisations that he or she considers appropriate, the Minister may, by regulation— (a) prescribe one or more than one title that is a variant of the title specified in section 4(1), or for the time being prescribed under section 4(6), for the profession and that, in addition to the title specified in section 4(1), or for the time being prescribed under section 4(6), may be used by registrants of that profession, or (b) if the register for the profession has been divided into divisions for different categories of registrants, prescribe one or more than one title that, in addition to the title specified in section 4(1), or for the time being prescribed under section 4(6) or paragraph (a), for that profession, may be used by registrants of that profession who fall within the category of registrants specified in the regulations as the category of registrants who may use that additional title.”

Amendment of Principal Act - insertion of section 97 (investigations) 38. The Principal Act is amended by inserting the following section after section 96: “Investigations 97. (1) The Council shall, at the request of the Minister, or may, of its own initiative or upon a complaint made by a member of the public, investigate any case of an individual who, not being a registrant of a designated profession, is suspected of being guilty of an offence under this Act.

Amendment of Schedule 1 to Principal Act 39. Schedule 1 to the Principal Act is amended— (a) in paragraph 1, by inserting the following definition: “‘deputy chairperson’ means the deputy chairperson of the Council;”, (b) by inserting the following paragraph after paragraph 4: “Deputy chairperson 4A. (1) The Council shall, from time to time, elect one of the ordinary members to be the deputy chairperson.

Amendment of Schedule 2 to Principal Act 40. Schedule 2 to the Principal Act is amended— (a) in paragraph 3— (i) by substituting the following subparagraph for subparagraph (2): “(2) (a) One half of the members of a registration board first constituted under this Act hold office for a term of 3 years from the date of their appointment. (b) The members of a registration board appointed to replace the members who hold office as referred to in clause (a) hold office for a term of 3 years from the date of their appointment. (c) The members of a registration board appointed to replace the members who hold office as referred to in clause (b), and any member who is subsequently appointed, hold office for a term of not more than 4 years specified by the Minister at the time of the appointment.”, and (ii) in subparagraph (3), by substituting “3 years as referred to in subparagraph (2)(a) ” for “2 years”, (b) in paragraph 7(c), by inserting “or 28A(1)(a)” after “section 28(1)(a)”, (c) in paragraph 8(1) and (2), by inserting “or 28A(1)(a)” after “section 28(1)(a)”, and (d) in paragraph 9(2), by inserting “, by video link or circulation of papers,” after “may hold”.

PART 3

Amendment of Health Act 1970 Definitions 41. In this Part— “Act of 2013” means the Health (Amendment) Act 2013 ; “Principal Act” means the Health Act 1970 .

Interpretation - sections 67A to 67D of Principal Act 42. The Principal Act is amended by substituting the following for section 67A (inserted by section 19 of the Act of 2013): “Interpretation - sections 67A to 67D 67A. (1) In this section and sections 67B to 67D— ‘accommodation’, in relation to a person (‘relevant person’) being provided with a health or personal social service that falls within the definition of ‘residential support services’, means— (a) accommodation provided to the relevant person by or on behalf of the Health Service Executive, or (b) if paragraph (a) does not apply and the ongoing costs of maintenance associated with the provision of that service to the relevant person are met by the Health Service Executive or another person that provides services on behalf of the Health Service Executive, accommodation provided to the relevant person pursuant to an arrangement that has been put in place by or on behalf of the relevant person for the purpose of facilitating the provision, in that accommodation, of that service; ‘costs of maintenance’, in relation to a person (‘relevant person’) being provided with a health or personal social service that falls within the definition of ‘residential support services’, means the costs (other than excluded costs) relating to the ongoing essential daily living requirements of the relevant person and, without prejudice to the generality of the foregoing, includes the costs to the Health Service Executive or another person acting on behalf of the Health Service Executive of purchasing or paying for— (a) the relevant person’s food or other essential household provisions, (b) the relevant person’s electricity, gas, heating, refuse collection, water supply or other essential utilities, or (c) any combination of any such provisions and such utilities, and ‘maintenance costs’, ‘maintenance’, ‘maintain’ and cognate terms shall be construed accordingly; ‘excluded costs’, in relation to the definition of ‘costs of maintenance’ and a relevant person referred to in that definition, means— (a) the relevant person’s accommodation costs (if any), and (b) the costs (if any), associated with the provision of a health or personal social service to the relevant person, that do not fall within that definition; ‘persons’ includes a class or classes of persons; ‘residential support services’ means any health or personal social service excluding— (a) acute in-patient services, (b) long-term residential care services, and (c) out-patient services provided under section 56,

provided by or on behalf of the Health Service Executive under section 7 of the Health Act 2004 or under any other enactment, to a person residing in accommodation that is a— (i) hospital, (ii) convalescent home, (iii) nursing home, or (iv) home or other category of housing accommodation for persons with a physical, sensory, mental health or intellectual disability, or in accommodation ancillary thereto.

Amendment of section 67C of Principal Act 43. Section 67C (inserted by section 19 of the Act of 2013) of the Principal Act is amended— (a) in subsection (1)(a), by substituting “the costs of maintenance or accommodation, or both,” for “the cost of maintenance and accommodation”, (b) by substituting the following for subsection (2)(a) and (b): “(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations— (i) making it a requirement that persons to whom residential support services are provided, or persons belonging to a specified class or classes of such persons, shall pay a contribution, in specified circumstances, towards the costs of maintenance or accommodation, or both, associated with the provision of such services, (ii) specifying the amounts of the contributions or the limits to the amounts of such contributions, (iii) providing for any matter referred to in this section as prescribed or to be prescribed, and (iv) providing for transitional arrangements, in specified circumstances, in respect of such contributions as the Minister considers necessary or expedient in respect of such persons, which may include such transitional arrangements relating to the reduction to the amounts of such contributions as the Minister considers necessary or expedient in respect of such persons, or that may be required to avoid undue financial hardship for such persons. (b) (i) In specifying the amounts of the contributions required to be paid in regulations made under paragraph (a), the Minister may specify different amounts by reference to the respective incomes of the persons required to pay the contributions or by reference to the levels of dependence or independence of such persons, or by reference to both such incomes and such levels of dependence or independence. (ii) The Minister may, for the purposes of subparagraph (i), have regard to the levels of dependence or independence of persons by taking into account the medical care or nursing care, or both, generally provided in, or to, the accommodation where the persons reside and to those levels of dependence or independence that, in the Minister’s opinion, may be taken to give rise to a need to retain lesser or greater levels of income for personal use by such persons.”, (c) in subsection (3), by inserting the following after paragraph (a): “(aa) The daily amount of the contribution required from a person to whom paragraph (b) of the definition of ‘accommodation’ in section 67A(1) applies shall be reduced by one-seventh of whichever of the following 2 amounts is the greater:

(i) the amount that the person provides for his or her accommodation, as calculated pro rata on a weekly basis, less— (I) the amount (if any) of a rent supplement, as so calculated, that he or she receives pursuant to regulations made under section 198

Amendment of section 67D of Principal Act 44. Section 67D(1)(b)(iii) (inserted by section 19 of the Act of 2013) of the Principal Act is amended by inserting “or accommodation, or both” after “his or her own maintenance”.

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