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Ireland

Health (Amendment) Act 2016

In short

This law amends the Health Act 2007, specifically section 69, to update definitions and transitional arrangements for certain institutions providing residential services. It clarifies how these institutions can continue to operate under new regulations.

What it regulates

  • The definition of "institution" for regulatory purposes.
  • The "relevant day" for different types of institutions, which dictates when new rules apply.
  • The period for which certain institutions can continue to operate without full compliance with new regulations.
  • The power of the chief inspector to determine shorter operating periods for institutions.

Who it concerns

  • Persons carrying on the business of an institution and providing residential services.
  • Institutions that were designated centres before the "relevant day," excluding special care units.

Key points

  • An "institution" includes any institution, residential centre, or home (or part of one) that was a designated centre before the relevant day, but not a special care unit.
  • The "relevant day" for institutions varies, being either 1 July 2009, 1 November 2013, or the day the relevant Part of the Health Act 2007 came into operation.
  • A person operating an institution before the relevant day can continue to do so for a period not exceeding 3 years from the relevant day, or a shorter period if determined by the chief inspector.
  • For institutions where the relevant day is 1 November 2013, this period can be up to 5 years.
Legal text
Legal text

Health (Amendment) Act 2016 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.

  1. 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.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2016 Health (Amendment) Act 2016 Health (Amendment) Act 2016 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 2016 HEALTH (AMENDMENT) ACT 2016 CONTENTS Section 1. Amendment of section 69 of Health Act 2007 2. Short title Act Referred to Health Act 2007 (No. 23) Number 6 of 2016 HEALTH (AMENDMENT) ACT 2016 An Act to amend section 69 of the Health Act 2007 ; and to provide for related matters. [26 th July, 2016] Be it enacted by the Oireachtas as follows: Amendment of section 69 of Health Act 2007 1. Section 69 of the Health Act 2007 is amended— (
  4. a)by the substitution of the following subsection for subsection

(1): “
(1)In this section— ‘institution’ means any— (
  1. a)institution or part of one, (
  2. b)residential centre or part of one, or (
  3. c)home or part of one, that, immediately before the relevant day, is a designated centre other than a designated centre which is a special care unit; ‘relevant day’ means— (
  4. a)in the case of an institution to which— (
  5. i)before 1 January 2014, paragraph (a)(iii) of the definition of ‘designated centre’ applied as that definition was in force immediately before that date, and (
  6. ii)on and after 1 January 2014, paragraph (a)(iii) of the definition of ‘designated centre’ applies as that definition is in force on and after that date, 1 July 2009, (
  7. b)in the case of an institution to which— (
  8. i)before 1 January 2014, paragraph (
  9. b)of the definition of ‘designated centre’ applied as that definition was in force immediately before that date, and (
  10. ii)on and after 1 January 2014, paragraph (
  11. c)of the definition of ‘designated centre’ applies as that definition is in force on and after that date, 1 July 2009, (
  12. c)in the case of an institution to which— (
  13. i)before 1 January 2014, paragraph (a)(
  14. ii)of the definition of ‘designated centre’ applied as that definition was in force immediately before that date, and (
  15. ii)on and after 1 January 2014, paragraph (a)(
  16. ii)of the definition of ‘designated centre’ applies as that definition is in force on and after that date, 1 November 2013, and (
  17. d)in the case of an institution to which— (
  18. i)before 1 January 2014, paragraph (a)(
  19. i)of the definition of ‘designated centre’ applied as that definition was in force immediately before that date, and (
  20. ii)on and after 1 January 2014, paragraph (a)(
  21. i)of the definition of ‘designated centre’ applies as that definition is in force on and after that date, the day on which this Part comes into operation in so far as it relates to a designated centre to which this paragraph applies.”, and (
  22. b)by the substitution of the following subsection for subsection
(2): “
(2)A person who, immediately before the relevant day, was carrying on the business of an institution and providing residential services at the institution may, notwithstanding section 46, continue to do so— (
  1. a)in the case of an institution other than an institution to which paragraph (
  2. c)of the definition of ‘relevant day’ applies, for a period not exceeding 3 years commencing on the relevant day or such shorter period as the chief inspector may determine, and (
  3. b)in the case of an institution to which paragraph (
  4. c)of the definition of ‘relevant day’ applies, for a period not exceeding 5 years commencing on the relevant day or such shorter period as the chief inspector may determine.”. Short title 2. This Act may be cited as the Health (Amendment) Act 2016. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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