Voluntary Health Insurance (Amendment) Act 2008
What is this act about?
Is éard atá sa dlí seo ná leasú ar Achtanna Árachais Sláinte Deonacha roimhe seo, ag tabhairt feidhmeanna breise don Bhord Árachais Sláinte Deonacha agus ag tabhairt cumhachta dó fochuideachtaí a bhunú nó a fháil. Tá sé mar aidhm aige an Bord a chur de cheangal iarratas a dhéanamh ar údarú chun gnó árachais neamhshaoil a sheoladh trí fhochuideachta.
Who it applies to: An Bord Árachais Sláinte Deonacha; Fochuideachtaí a bhunaíonn nó a fhaigheann an Bord.
At a glance
- Country
- Ireland
- Area of law
- Banking, insurance and financial markets
- Articles
- 22
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Leasuithe ar shainmhínithe maidir le conarthaí árachais sláinte agus íocaíochtaí cúitimh d’othair chónaitheacha.
- Feidhmeanna breise an Bhoird Árachais Sláinte Deonacha.
- Cumhacht an Bhoird fochuideachtaí a bhunú nó a fháil chun feidhmeanna áirithe a chomhlíonadh.
- Aistriú gnó scéimeanna árachais sláinte agus scéimeanna árachais a bhaineann le sláinte chuig fochuideachtaí.
Who does this act apply to?
- An Bord Árachais Sláinte Deonacha.
- Fochuideachtaí a bhunaíonn nó a fhaigheann an Bord.
What are the key points?
- Ní bheidh feidhm ag an Acht um Chuideachtaí Árachais 1909 ná ag an Acht Árachais 1989 maidir le cumasc nó aistriú a dhéantar faoin Acht seo.
- Ní bheidh feidhm ag conarthaí árachais sláinte áirithe maidir le forálacha áirithe den Acht 1994, go háirithe má dhéanann siad foráil d’íocaíochtaí cúitimh d’othair chónaitheacha.
- Ní mór don Bhord a ghnó a sheoladh ar bhealach costéifeachtach agus éifeachtúil, agus ní mór dó cistí a bhailiú chun freastal ar chostais agus chun ciste ráthaíochta íosta a fháil roimh an 31 Nollaig 2008, nó dáta níos déanaí a cheapfaidh an tAire.
- Féadfaidh an Bord fochuideachtaí a bhunú nó a fháil chun feidhmeanna áirithe a chomhlíonadh, lena n-áirítear gnó árachais neamhshaoil.
Banking, insurance and financial markets
Banking, insurance and financial markets
Legal text
Legal text
Voluntary Health Insurance (Amendment) Act 2008 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 2008 Voluntary Health Insurance (Amendment) Act 2008 Voluntary Health Insurance (Amendment) Act 2008 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 6 of 2008 VOLUNTARY HEALTH INSURANCE (AMENDMENT) ACT 2008 ARRANGEMENT OF SECTIONS Section
Section 1
Section 2
Section 3
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
Section 21
Section 22
SCHEDULE Enactments Repealed Acts Referred to Assurance Companies Act 1909 9 Edw. 7, c. 49 Central Bank and Financial Services Authority of Ireland Act 2003 2003, No. 12 Health Insurance (Amendment) Act 2001 2001, No. 17 Health Insurance Act 1994 1994, No. 16 Insurance Act 1989 1989, No. 3 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 1997, No. 20 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Redundancy Payments Acts 1967 to 2007 Unfair Dismissals Acts 1977 to 2007 Voluntary Health Insurance (Amendment) Act 1996 1996, No. 4 Voluntary Health Insurance Act 1957 1957, No. 1 Voluntary Health Insurance Acts 1957 to 1998 Number 6 of 2008 VOLUNTARY HEALTH INSURANCE (AMENDMENT) ACT 2008 AN ACT TO AMEND THE VOLUNTARY HEALTH INSURANCE ACT 1957, THE HEALTH INSURANCE ACT 1994, THE VOLUNTARY HEALTH INSURANCE (AMENDMENT) ACT 1996, THE HEALTH INSURANCE (AMENDMENT) ACT 2001, TO CONFER ADDITIONAL FUNCTIONS ON THE VOLUNTARY HEALTH INSURANCE BOARD, TO EMPOWER THE BOARD TO FORM AND ESTABLISH OR ACQUIRE SUBSIDIARIES TO PERFORM CERTAIN FUNCTIONS OF THE BOARD, WITH A VIEW TO OBLIGING THE BOARD TO APPLY FOR A GRANT TO THE RELEVANT SUBSIDIARY OF AN AUTHORISATION TO CARRY ON THE BUSINESS OF NON-LIFE INSURANCE, TO SPECIFY THE BORROWING POWERS OF THE BOARD AND SUCH SUBSIDIARIES, AND TO PROVIDE FOR RELATED MATTERS. [15th April, 2008] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.— In this Act— “ Act of 1994 ” means the Health Insurance Act 1994 ; “Act of 1996” means the Voluntary Health Insurance (Amendment) Act 1996 ; “ Act of 2001 ” means the Health Insurance (Amendment) Act 2001 ; “ authorisation date ” means the date on which the authorisation (within the meaning of the Regulations of 1994) granted to the relevant subsidiary to carry on the business of non-life insurance comes into operation; “ Board ” means the Voluntary Health Insurance Board; “ company ” has the meaning it has in the Companies Acts; “ Minister ” means the Minister for Health and Children; “ Regulations of 1994 ” means the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ); “ relevant subsidiary ” shall be construed in accordance with section 10 ; “ services subsidiary ” shall be construed in accordance with section 16 ; “ staff transfer day ” means the day appointed under section 15 to be the staff transfer day for the purposes of this Act; “ subsidiary ” means a subsidiary (within the meaning of section 155 of the Companies Acts) of the Board; “ transferred business ” means the business referred to in section 10
Non-application of Assurance Companies Act 1909, etc.
2.— (1) Section 13 of the Assurance Companies Act 1909 shall not apply to any amalgamation or transfer referred to in that section which is, or is to be, effected under this Act.
Amendment of section 2 of Act of 1994.
3.— Section 2(1) of the Act of 1994 is amended— (a) by the insertion of the following definition: “ ‘ Act of 2001 ’ means the Health Insurance (Amendment) Act 2001 ;”, (b) in the definition of “health insurance contract” (inserted by section 2 of the Act of 2001), by the substitution of the following paragraph for paragraph (d): “(d) a contract of insurance, or any other insurance arrangement, the purpose of which is to provide for the making of payments specifically for the reimbursement or discharge of fees or charges in respect of the provision of hospital in-patient services or relevant health services to persons or any dependants of any of them and one of the following conditions is satisfied— (i) neither the said persons nor any such dependants are ordinarily resident in the State, or (ii) where any of the persons to whom the said contract or arrangement relates are temporarily resident in the State during the subsistence of the said contract or arrangement— (I) those persons are so resident solely for the purpose of carrying out their duties as employees, and (II) those persons constitute not more than— (A) 20 per cent of the total number of persons (other than dependants of them) to whom the said contract or arrangement relates, and (B) 20 of the total number of persons employed in the State by the one person;”, and (c) by the insertion of the following definition: “ ‘in-patient indemnity payment’ means any payment made pursuant to a health insurance contract by a registered undertaking for the purposes of reimbursing or discharging, in whole or in part, fees or charges in respect of the provision of hospital in-patient services.”.
Amendment of section 10 of Act of 1994.
4.— Section 10 (as amended by section 13 of the Act of 2001) of the Act of 1994 is amended— (a) in subsection (1), by the substitution of “Subject to subsection (3), a health insurance contract effected by a registered undertaking” for “A health insurance contract effected by a registered undertaking (other than such a contract relating solely to relevant health services or solely to the public hospital daily in-patient charges made under the Health (In-patient Charges) Regulations, 1987 ( S.I. No. 116 of 1987 ))”, and (b) by the insertion of the following subsection after subsection (2): “(3) Subsection (1) shall not apply to a health insurance contract— (a) where, and without prejudice to the generality of paragraphs (a) to (d) of the definition of ‘health insurance contract’ (inserted by section 2 of the Act of 2001) in section 2(1), such a contract, either of itself or as construed with any linked or related other health insurance contract, makes no provision for the making of in-patient indemnity payments, or (b) relating solely to the public hospital daily in-patient charges made under the Health (In-patient Charges) Regulations 1987 ( S.I. No. 116 of 1987 ).”.
Amendment of section 12 of Act of 1994.
5.— Section 12 (inserted by section 9 of the Act of 2001) of the Act of 1994 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (c): “(c) Without prejudice to the generality of paragraphs (a) to (d) of the definition of ‘health insurance contract’ (inserted by section 2 of the Act of 2001) in section 2(1), a scheme may include a provision specifying that the scheme shall not apply to so much of the activities of a registered undertaking as consist of effecting health insurance contracts where such a contract, either of itself or as construed with any linked or related other health insurance contract, makes no provision for the making of in-patient indemnity payments.”.
Amendment of section 2 of Act of 1996.
6.— Section 2 of the Act of 1996 is amended— (a) in subsection (1), by the deletion of “, with the consent of the Minister,” and the deletion of “, with the like consent,”, (b) in subsection (2), by the deletion of “, with the consent of the Minister,”, (c) by the substitution of the following subsection for subsection (5): “(5) Subject to subsection (5A), the Board shall conduct its business at all times in a cost effective and efficient manner and shall, for that purpose, fix the amount of subscriptions, premiums or other charges payable by or in respect of beneficiaries under schemes under this section so that the revenue therefrom together with other revenues (if any) of the Board, including monies raised or borrowed by the Board, are sufficient taking one year with another to— (a) meet all charges and costs which are properly chargeable to its income and expenditure account, (b) acquire— (i) subject to subparagraph (ii), before 31 December 2008, (ii) before such later date as the Minister may by order appoint if, and only if, he or she is satisfied that there is good and sufficient reason for so doing, a fund greater than the minimum guarantee fund that it is required to possess pursuant to Regulation 13(1)(b) of the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ) to enable it to make an application for the grant to the relevant subsidiary (within the meaning of section 1 of the Act of 2008) of an authorisation (within the meaning of those Regulations) to carry on the business of non-life insurance, and (c) discharge the financial liabilities of the Board (including the repayment of borrowings and interest thereon) arising from the performance of any functions of the Board to raise or borrow money.”, (d) by the insertion of the following subsection after subsection (5): “(5A) For the purposes of acquiring the fund referred to in subsection (5)(b), the Board may do one or more of the following: (a) accrue a capital reserve; (b) secure subordinated loans; (c) re-insure part of its health insurance business; (d) raise or borrow money in accordance with section 19 of the Act of 2008; (e) seek the provision of capital by the State in return for shares in a subsidiary formed and established or acquired pursuant to the Act of 2008; (f) seek the provision of capital by such other means as may be approved by the Minister with the consent of the Minister for Finance.”, and (e) in subsection (7), by the insertion of the following definition: “ ‘Act of 2008’ means the Voluntary Health Insurance (Amendment) Act 2008;”.
Additional functions of Board.
7.— In addition to the functions conferred on it by the Voluntary Health Insurance Acts 1957 to 1998, the Board may— (a) carry out schemes for the provision of, or otherwise provide (whether as principal or agent or otherwise) services in respect of, health care, health insurance, illness related insurance, personal care or related activities, including— (i) activities of an advisory or consultative nature, and (ii) activities involving the exploitation of information technology or the provision of advice with respect to such exploitation, (b) carry out schemes, or otherwise provide or make arrangements, for the provision of, services to the Board, and (c) on or after the authorisation date— (i) acquire, manage, operate and maintain medical facilities, (ii) act as principal or agent or otherwise in respect of the provision of pensions and financial services, and (iii) engage in such other activities as are connected with the functions of the Board.
Board may form and establish or acquire subsidiaries to perform functions other than functions excluded from section.
8.— (1) The Board may, for the purposes of performing any one or more of its functions (other than the functions excluded from this section)— (a) form and establish or acquire one or more subsidiaries, and (b) acquire, hold and dispose of shares or other interests in a company and become a member of a company.
Transfer day.
9.— The Minister may by order appoint a day to be the transfer day for the purposes of this Act.
Board may form and establish or acquire subsidiary for purposes of transferring business of health insurance schemes and health-related insurance schemes to such subsidiary.
10.— (1) Without prejudice to the generality of section 8 , the Board may form and establish or acquire one and only one subsidiary (“relevant subsidiary”) for the purposes of transferring to the subsidiary on the transfer day the business of health insurance schemes and health-related insurance schemes carried out by the Board pursuant to section 2 of the Act of 1996.
(3)
Section 8
Transfer of land and other property.
11.— (1) On the transfer day, all land that immediately before that day was vested in the Board and all rights, powers and privileges relating to or connected with the land shall, without any conveyance or assignment, stand vested in the relevant subsidiary for all the estate or interest therein that immediately before the transfer day was vested in the Board, but subject to all trusts and equities affecting the land continuing to subsist and capable of being performed.
Transfer of rights and liabilities, and continuation of leases, licences and permissions by Board.
12.— (1) Subject to subsection (4), all rights and liabilities of the Board arising by virtue of any contract or commitment (expressed or implied) entered into by it before the transfer day shall on that day stand transferred to the relevant subsidiary.
Liability for loss, etc., occurring before transfer day.
13.— (1) A claim in respect of any loss or injury alleged to have been suffered by any person, arising out of the performance before the transfer day of the functions of the Board in so far as they relate to the transferred business, shall, on and after that day, lie against the relevant subsidiary and not against the Board.
Provisions supplementary to sections 9 to 13.
14.— (1) Anything commenced and not completed before the transfer day by or under the authority of the Board may, in so far as it relates to the transferred business, be carried on or completed on and after the transfer day by the relevant subsidiary.
Staff transfer day.
15.— The Minister may by order appoint a day to be the staff transfer day for the purposes of this Act.
Transfer of staff.
16.— (1) Every person who immediately before the staff transfer day was a member of the staff of the Board shall, on the staff transfer day, stand transferred to— (a) subject to paragraph (b), the staff of the subsidiary (if any) formed and established or acquired by the Board in accordance with section 8 for the purposes of providing services to the Board and any of the subsidiaries of the Board (“services subsidiary”), (b) the staff of such other subsidiary ( “other subsidiary” ), if any, of the Board as the Board has specified in writing, for the purposes of that day, in respect of the member of staff concerned or class of members of staff concerned, as the case may be.
Board may form and establish or acquire subsidiaries to perform functions referred to in section 7(c).
17.— (1) Without prejudice to the generality of section 8 , the Board may, on or after the authorisation date, for the purpose of performing any one or more of its functions referred to in section 7 (c)— (a) form and establish or acquire one or more subsidiaries, and (b) acquire, hold and dispose of shares or other interests in a company and become a member of a company.
Report to Competition Authority.
18.— The Board shall report on a six monthly basis to the Competition Authority giving particulars of its insured membership figures.
Borrowing by Board and subsidiaries.
19.— (1) Subject to subsection (2), the Board or a subsidiary may raise or borrow money (including money in a currency other than the currency of the State) for the purpose of performing its functions.
Orders.
20.— Every order made by the Minister under section 2(5)(b)(ii) (inserted by section 6 (c)) of the Act of 1996 or under section 9 or section 15 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Repeals.
21.— The enactments specified in column (3) of the Schedule opposite a reference number specified in column (1) are repealed to the extent specified in column (4) of that Schedule .
Short title, collective citation, construction and commencement.
22.— (1) This Act may be cited as the Voluntary Health Insurance (Amendment) Act 2008.
SCHEDULE Enactments Repealed
Section 21
. (Reference Number) Number and Year Short Title Extent of Repeal
(1)
(2)
(3)
No. 1 of 1957 Voluntary Health Insurance Act 1957
Section 18
2.
No. 16 of 1994 Health Insurance Act 1994 Paragraph (c) of the definition of “health insurance contract” (inserted by section 2 of the Health Insurance (Amendment) Act 2001 ) in section 2
No. 4 of 1996 Voluntary Health Insurance (Amendment) Act 1996
Section 3
4.
No. 17 of 2001 Health Insurance (Amendment) Act 2001
Section 14
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