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.
đ Legal text
Health (Amendment) Act 2016
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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 amendedâ
(a) by the substitution of the following subsection for subsection (1):
â(1) In this sectionâ
âinstitutionâ means anyâ
(a) institution or part of one,
(b) residential centre or part of one, or
(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;
ârelevant dayâ meansâ
(a) in the case of an institution to whichâ
(i) before 1 January 2014, paragraph (a)(iii) of the definition of âdesignated centreâ applied as that definition was in force immediately before that date, and
(ii) on and after 1 January 2014, paragraph (a)(iii) of the definition of âdesignated centreâ applies as that definition is in force on and after that date,
1 July 2009,
(b) in the case of an institution to whichâ
(i) before 1 January 2014, paragraph (b) of the definition of âdesignated centreâ applied as that definition was in force immediately before that date, and
(ii) on and after 1 January 2014, paragraph (c) of the definition of âdesignated centreâ applies as that definition is in force on and after that date,
1 July 2009,
(c) in the case of an institution to whichâ
(i) before 1 January 2014, paragraph (a)(ii) of the definition of âdesignated centreâ applied as that definition was in force immediately before that date, and
(ii) on and after 1 January 2014, paragraph (a)(ii) of the definition of âdesignated centreâ applies as that definition is in force on and after that date,
1 November 2013, and
(d) in the case of an institution to whichâ
(i) before 1 January 2014, paragraph (a)(i) of the definition of âdesignated centreâ applied as that definition was in force immediately before that date, and
(ii) on and after 1 January 2014, paragraph (a)(i) of the definition of âdesignated centreâ 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.â,
and
(b) by the substitution of the following subsection for subsection (2):
â(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 soâ
(a) in the case of an institution other than an institution to which paragraph (c) of the definition of ârelevant dayâ applies, for a period not exceeding 3 years commencing on the relevant day or such shorter period as the chief inspector may determine, and
(b) in the case of an institution to which paragraph (c) of the definition of ârelevant dayâ applies, for a period not exceeding 5 years commencing on the relevant day or such shorter period as the chief inspector may determine.â.
Short title
2. This Act may be cited as the Health (Amendment) Act 2016.
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