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87.— The specified bodies are dissolved by this Act on the establishment day.

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Transfer of employees of specified bodies to Authority.

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88.— (1) In this section and section 90 — “ previous service ” means service with a specified body before the applicable transfer day; “ recognised trade union or association of employees ” means— (a) a trade union, or (b) an association of employees, recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment; “ terms and conditions of employment ” includes terms and conditions in respect of tenure of office, remuneration and related matters.

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(2)On the establishment day each person who, immediately before that day, was an employee of a specified body— (a) is transferred to the Authority, and (b) becomes an employee of the Authority.
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(3)Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled while in the employment of the Authority to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day.
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(4)Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, the terms and conditions continue to apply to the person in the employment of the Authority.
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(5)The previous service of a person transferred to the Authority under this section is to be counted as service for the purposes of, but subject to, any exceptions or exclusions in the following Acts: (a) the Redundancy Payments Acts 1967 to 2003; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (f) the Unfair Dismissals Acts 1977 to 2005; (g) the Maternity Protection Act 1994; (h) the Parental Leave Acts 1998 and 2006; (i) the Adoptive Leave Acts 1995 and 2005; (j) the Carer’s Leave Act 2001.
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Transfer of staff of Minister to Authority.

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89.— (1) In this section “ recognised trade union or staff association ” means one recognised by the Minister for the purposes of negotiations about either or both of the following: (a) the transfer of staff to the Authority; (b) the remuneration, conditions of employment or working conditions of staff.

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(2)On the establishment day, every person who immediately before that day was an officer of the Minister and who is designated by the Minister for the purpose of this section— (a) is transferred to the Authority, and (b) becomes an employee of the Authority.
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(3)Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred in accordance with subsection (2) to the staff of the Authority shall not, while in the service of the Authority— (a) receive a lesser scale of pay than the scale of pay to which he or she was entitled, or (b) be made subject to less beneficial terms and conditions of service, including but not limited to those relating to terms of office, than the terms and conditions of service to which he or she was subject immediately before the transfer.
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(4)In relation to persons transferred in accordance with subsection (2) to become an employee of the Authority, previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the— (a) Redundancy Payments Acts 1967 to 2003, (b) Protection of Employees (Part-Time Work) Act 2001, (c) Protection of Employees (Fixed-Term Work) Act 2003, (d) Organisation of Working Time Act 1997, (e) Minimum Notice and Terms of Employment Acts 1973 to 2005, (f) Unfair Dismissals Acts 1977 to 2005, (g) Maternity Protection Act 1994, (h) Parental Leave Acts 1998 and 2006, (i) Adoptive Leave Acts 1995 and 2005, and (j) Carer’s Leave Act 2001.
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Transfer of employees of Executive to Authority.

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90.— (1) The chief executive officer of the Executive, in consultation with the Authority, may designate employees of the Executive for transfer to the Authority.

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(2)Any employee of the Executive transferred to the Authority under this section becomes an employee of the Authority.
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(3)Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Authority, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the date of his or her transfer to the Authority.
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(4)Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before his or her transfer to the Authority are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to the person transferred in the employment of the Authority.
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(5)The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts: (a) the Redundancy Payments Acts 1967 to 2003; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (f) the Unfair Dismissals Acts 1977 to 2005; (g) the Maternity Protection Act 1994; (h) the Parental Leave Acts 1998 and 2006; (i) the Adoptive Leave Acts 1995 and 2005; (j) the Carer’s Leave Act 2001.
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Transfer of pension liabilities relating to former employees of specified bodies.

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91.— The pension payments and other superannuation liabilities of each specified body in respect of its former employees become on the establishment day the liabilities of the Authority.

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Transfer of property and liabilities to Authority.

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92.— (1) On the establishment day, all land that, immediately before that day, was vested in a specified body and all rights, powers and privileges relating to or connected with that land are transferred to and vested in the Authority without conveyance or assignment.

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(2)On the establishment day, all property other than land that, immediately before that day, was the property of a specified body is transferred to and vested in the Authority without any assignment.
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(3)All rights and liabilities of a specified body arising by virtue of any contract or commitment (express or implied) entered into by that body before the establishment day, and in effect immediately before that day, are on the establishment day transferred to the Authority.
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(4)Each right and liability transferred under this section and section 91 may, on or after its transfer, be sued on, recovered or enforced by or against the Authority in the Authority’s own name.
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(5)The Authority need not give notice of the transfer to the person whose right or liability is transferred.
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Preservation of contracts, etc., and adaptation of references.

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93.— Every contract, agreement or arrangement made between a specified body and any other person and in force immediately before the establishment day— (a) continues in force on or after that day, (b) has effect as if the name of the Authority were substituted in the contract, agreement or arrangement for that of the specified body, and (c) is enforceable by or against the Authority.

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Records of specified bodies.

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94.— (1) Each record held by a specified body immediately before the establishment day is on that day transferred to the Authority and is, on and from that day, deemed to be held by the Authority.

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(2)Any right of access, under the Freedom of Information Acts 1997 and 2003, to records that before the establishment day of the Authority were held by a body specified under section 86 and that are transferred to the Authority under subsection (1 is not affected by the transfer of those records.
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(3)For the purpose of section 18 of the Freedom of Information Act 1997 , any act done by the Irish Health Services Accreditation Board before the establishment day of the Authority is deemed to have been done by the Authority.
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Pending legal proceedings.

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95.— (1) If, immediately before the establishment day, any legal proceedings to which a specified body is a party are pending in any court or other tribunal— (a) the Authority’s name shall be substituted in the proceedings for the name of the specified body, and (b) the proceedings shall not abate because of the substitution.

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(2)Any reference to a specified body in an order made by a court or other tribunal before the establishment day shall, on the establishment day, be construed as a reference to the Authority.
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Final accounts of specified bodies.

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96.— (1) The Authority shall prepare in accordance with the accounting standards specified by the Minister for the purposes of section 35 and in respect of the period specified in subsection (3) of this section, final accounts for each body dissolved under section 87 .

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(2)The Authority shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the establishment day.
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(3)For the purpose of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the body concerned.
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Final reports of specified bodies.

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97.— (1) The Authority shall prepare a final annual report for each of the specified bodies dissolved under section 87 and submit the report to the Minister not later than 6 months after the establishment day.

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(2)

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Section 37

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(4)and (5) applies in relation to a final annual report prepared under this section.
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PART 13

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Regulations Regulations and orders.

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98.— (1) The Minister may make regulations that the Minister considers necessary or expedient for purposes under this Act.

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(2)Without limiting the generality of subsection (1), the Minister may make regulations— (a) for any purpose in relation to which regulations are provided for in this Act, (b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, (c) generally for the purpose of giving effect to this Act, and (d) specifying a body established under the Health (Corporate Bodies) Act 1961 and making applicable to the specified body one or more of the functions of the Authority under section 8 .
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(3)A regulation under this section may contain consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.
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(4)The Minister may— (a) make orders for any matter in relation to which orders are provided for in this Act, and (b) amend or revoke any such order other than an order under section 3 or 4 .
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(5)A fee prescribed under this Part may be recovered summarily as a civil debt, without prejudice to any other method of recovery.
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Regulations governing registration under this Act.

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99.— Without limiting the generality of section 98 , the Minister may make regulations governing the registration of persons under this Act in respect of designated centres, including but not limited to regulations— (a) respecting the making of applications for registration, (b) prescribing the contents of certificates of registration, (c) respecting the giving of notice by a registered provider, in respect of a designated centre, of any intended change in the identity of the person carrying on or managing the designated centre, (d) respecting the giving of notice by a registered provider, in respect of a designated centre which is carried on or managed by a body corporate, of changes in the ownership of the body corporate or the identity of its officers, (e) prescribing an annual fee payable by a registered provider at such a time as may be prescribed, and (f) prescribing the notice to be given by a registered provider of a designated centre of intention to cease to carry on its business and close the designated centre.

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Regulations respecting procedures for setting standards.

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100.— Without limiting the generality of section 98 , the Minister may make regulations respecting procedures to be followed by the Authority in setting standards under section 8

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(1)including but not limited to regulations respecting— (a) publication of any proposed standards, (b) consultations in relation to the standards, (c) the consultation period, and (d) the publication of the standards after their approval by the Minister.
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Regulations respecting designated centres.

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101.— (1) Without limiting the generality of section 98 for the purpose of ensuring proper standards in relation to designated centres, the Minister— (a) shall make regulations as the Minister thinks appropriate, and (b) may make different regulations for different purposes and for different categories of designated centres.

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(2)Without limiting the generality of subsection (1), regulations under this section may provide as respects one or more of the following: (a) the maintenance, care, welfare and well-being of persons resident in a designated centre; (b) the numbers, qualifications and availability of persons employed in a designated centre; (c) the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of a designated centre; (d) the accommodation (including the amount of space in bedrooms and wards, the washing facilities and the sanitary conveniences) provided in a designated centre; (e) the food provided for persons while resident in a designated centre; (f) the records to be kept in a designated centre; (g) the effecting by registered providers of designated centres of contracts of insurance against injury to persons resident in them; (h) the management and control of the operations of a designated centre; (i) the notification of incidents occurring in designated centres; (j) the giving of notice by the registered provider of periods during which— (i) the registered provider, or (ii) the manager, if the registered provider is not the manager of the designated centre, proposes to be absent from the designated centre, and specifying the information to be supplied in the notice; (k) adequate arrangements for the running of a designated centre during a period when the manager is absent from it.
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(3)Without limiting the generality of subsection (1), regulations under this section— (a) may, subject to any regulations made under Part 9 of the Health Act 2004 , require registered providers— (i) to make adequate arrangements for dealing with complaints made by or on behalf of persons seeking or receiving any of the services provided through the designated centres, and (ii) to publicise the arrangements, (b) may prescribe for specified provisions of this Act to apply with prescribed modifications, if any, in cases where a person is appointed by or under the law to take charge of a designated centre in place of its registered provider, (c) may provide for a designated centre referred to in paragraph (b) to be carried on for a prescribed period by a person who is not registered in respect of it, and (d) may include provision for the prescribed period to be extended by a further period the chief inspector may allow.
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Laying of regulations and orders before Houses of Oireachtas.

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102.— (1) The Minister shall ensure that every regulation and every order made by the Minister under this Act other than an order under section 3 or 4 is laid before each House of the Oireachtas.

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(2)Either House of the Oireachtas, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, may annul the regulation or order.
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(3)The annulment of a regulation or order under subsection (2) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of the resolution.
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PART 14

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Protection of Disclosures of Information Protection of disclosures of information.

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103.— (1) The Health Act 2004 is amended by inserting the following Part after Part 9: “PART 9A Protected Disclosures of Information Definition of expressions in this Part.

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55A.— In this Part and Schedule 2A: ‘actions’ means anything done or omitted to be done; ‘authorised person’ means, unless otherwise specified, a person appointed in accordance with section 55H(3); ‘chief inspector’ means the person who is appointed to the Office of the Chief Inspector of Social Services in accordance with section 40 of the Health Act 2007; ‘designated centre’ means a designated centre as defined in section 2

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(1)of the Health Act 2007; ‘employee’ means a person who has entered into or works under (or, where the employment has ceased, had entered into or worked under) a contract of employment with or is (or was) placed for the purpose of vocational training with any of the following: (a) the Executive; (b) another person providing a service similar to a service provided by the Executive who employs or has a contractual arrangement with a person registered with a professional regulatory body; (c) a service provider; (d) any other person receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 ; (e) a designated centre other than a designated centre operated by a relevant body; (f) a mental health service other than a mental health service operated by a relevant body; (g) a body established under the Health (Corporate Bodies) Act 1961 ; or (h) any other person who provides a service for the purpose of providing staff to any of the persons or bodies referred to in paragraphs (a) to (g); ‘employer’, in relation to an employee, means a person or body (including a service provider or designated centre or mental health service) listed in the definition of ‘employee’; ‘Health Information and Quality Authority’ means the body established in accordance with section 6 of the Health Act 2007; ‘mental health services’ means mental health services as defined in section 2
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(1)of the Mental Health Act 2001 ; ‘Pharmaceutical Society of Ireland’ means the body constituted in accordance with section 4 of the Pharmacy Act (Ireland) 1875; ‘professional regulatory body’ means— (a) an Bord Altranais, (b) the Dental Council, (c) the Health and Social Care Professionals Council, (d) the Medical Council, or (e) the Pharmaceutical Society of Ireland; ‘relevant body’ means— (a) the Executive, (b) a service provider, (c) any other person who has received or is receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 , or (d) a body established under the Health (Corporate Bodies) Act 1961 ; ‘Scheduled body’ means a body referred to in Schedule 2A.
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Protected disclosure of information by an employee of a relevant body.

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55B.— Where an employee of a relevant body makes, in good faith, a disclosure to an authorised person and the employee has reasonable grounds for believing that it will show one or more of the following: (a) that the health or welfare of a person who is receiving a health or personal social service in accordance with this Act has been, is or is likely to be at risk; (b) that the actions of any person employed by or acting on behalf of the relevant body has posed, is posing or is likely to pose a risk to the health or welfare of the public; (c) that the relevant body or a person employed by or acting on behalf of the relevant body failed, is failing or is likely to fail to comply with any legal obligation to which the relevant body or person is subject in the performance of the relevant body’s or person’s functions; (d) that the conduct of the relevant body or of a person employed by or acting on behalf of the relevant body has led, is leading or is likely to lead to a misuse or substantial waste of public funds; (e) that evidence of any matter falling within any of paragraphs (a) to (d) has been, is being or is likely to be deliberately concealed or destroyed; the disclosure shall be a protected disclosure under this Act.

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Protected disclosure of information by an employee of a designated centre.

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55C.— Where an employee of a person carrying on the business of a designated centre other than a centre operated by a relevant body makes, in good faith, a disclosure to the chief inspector and the employee has reasonable grounds for believing that the disclosure will show one or more of the following: (a) that the actions of any person employed by or acting on behalf of a person carrying on the business of a designated centre has posed, is posing or is likely to pose a risk to the health or welfare of a resident of the centre; (b) that the person carrying on the business of a designated centre has failed, is failing or is likely to fail to comply with any of the following which are applicable to the designated centre: (i) a provision of regulations made under the Health Act 2007; (ii) a standard made under the Health Act 2007; (iii) any other statutory obligation; (c) that evidence of any matter falling within either of paragraphs (a) and (b) has been, is being or is likely to be deliberately concealed or destroyed; the disclosure shall be a protected disclosure under this Act.

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Protected disclosure of information by an employee of a mental health service provider.

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55D.— Where an employee of a person providing mental health services other than a relevant body makes, in good faith, a disclosure to the Mental Health Commission or the Inspector of Mental Health Services, and the employee has reasonable grounds for believing that the disclosure will show one or more of the following: (a) that the actions of any person employed by or acting on behalf of the person providing the services has posed, is posing or is likely to pose a risk to the health or welfare of a person receiving the service; (b) that a person providing the services has failed, is failing or is likely to fail to comply with any of the following which are applicable to the person: (i) a provision of the Mental Health Acts 1945 to 2001; (ii) a provision of regulations made under those Acts; (iii) any other statutory obligation; (c) that evidence of any matter falling within either of paragraphs (a) and (b) has been, is being or is likely to be deliberately concealed or destroyed; the disclosure shall be a protected disclosure under this Act.

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Protected disclosure of information in relation to regulated professions.

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55E.— Where a person makes, in good faith, a disclosure to a professional regulatory body, which the person has reasonable grounds for believing will show that the actions of any person, the exercise of whose profession requires him or her to be registered with a professional regulatory body, has posed, is posing or is likely to pose a risk to the health or welfare of the public, the disclosure shall be a protected disclosure under this Act.

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Applications and complaints about health professionals to be protected disclosures.

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55F.— (1) An application in accordance with— (a) section 45 of the Medical Practitioners Act 1978 , (b) section 38 of the Dentists Act 1985 , (c) section 38 of the Nurses Act 1985 , is a protected disclosure under this Act.

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(2)A complaint under section 52 of the Health and Social Care Professionals Act 2005 is a protected disclosure under this Act.
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Protected disclosure of information: monitoring, investigations and inspections.

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55G.— Where a person makes, in good faith, a disclosure to— (a) an authorised person appointed by the Health Information and Quality Authority in accordance with section 70 of the Health Act 2007 to— (i) monitor compliance with standards in accordance with section 8

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(1)(c) of the Health Act 2007, or (ii) undertake an investigation under section 9 of the Health Act 2007, (b) the chief inspector who is in the course of an inspection carried out in accordance with section 41 of the Health Act 2007, or (c) the Inspector of Mental Health Services who is in the course of an inspection carried out in accordance with section 51 of the Mental Health Act 2001 , which the person has reasonable grounds for believing will show a risk to the health or welfare of the public, the disclosure is a protected disclosure under this Act.
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Duty of relevant body to establish procedures.

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55H.— (1) The Executive shall establish procedures, applicable to the Executive, service providers and any other person who has received or is receiving assistance in accordance with section 39 of this Act or section 10 of the Child Care Act 1991 — (a) to facilitate the making of protected disclosures, and (b) for the investigation of any matter which is the subject matter of a protected disclosure.

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(2)A body established under the Health (Corporate Bodies) Act 1961 which is not a service provider shall establish procedures— (a) to facilitate the making of protected disclosures, and (b) for the investigation of any matter which is the subject matter of a protected disclosure.
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(3)The Executive, or as the case may be, a body referred to in subsection (2), shall appoint a person (the ‘authorised person’) to whom protected disclosures may be made.
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(4)A service provider may, with the agreement of the Executive, establish procedures for the purposes set out in paragraphs (a) and (b) of subsection (1) so far as relating to matters within the remit of the service provider.
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(5)The Executive may agree under subsection (4) only if satisfied that the procedures being established under that subsection are of a standard equivalent to those established, or which it would otherwise have established, under subsection (1).
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(6)Procedures established under subsection (4) are in place of those established, or which the Executive would have established, under subsection (1), so far as applicable to the service provider.
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(7)Where a body established under the Health (Corporate Bodies) Act 1961 is a service provider, the provisions of subsections (1), (4), (5) and (6) shall apply to the body.
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(8)The Executive or a body referred to in subsection (2) shall, before establishing procedures under this section— (a) submit a draft of the proposed procedures to the Data Protection Commissioner for his or her opinion as to whether any provision of the procedures would, if given effect, be likely to result in a contravention of the Data Protection Acts 1988 and 2003, and (b) request that the opinion be given in writing to the Executive, or as the case may be, the body referred to in subsection (2) before the date specified in the request.
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(9)If, before that date, the Data Protection Commissioner provides a written opinion that a provision of the draft procedures would, if given effect, be likely to have the results referred to in subsection (8)(a), the Executive, or as the case may be, the body referred to in subsection (2) shall have regard to that opinion in its further deliberations on the draft procedures.
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Adherence to procedures governing protected disclosure of information to be a condition of arrangements made by the Executive.

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55I.— (1) It is a condition of any arrangement under section 38 or of assistance given under section 39 of this Act or section 10 of the Child Care Act 1991 that a service provider or person receiving assistance will— (a) adhere to the procedures established by the Executive in accordance with section 55H(1), or (b) where procedures have been established by the service provider under section 55H(4), adhere to those procedures.

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(2)The Executive may exercise any rights or remedies available to it by virtue of an arrangement or the giving of assistance referred to in subsection (1) if the service provider or person receiving assistance, as the case may be, is in breach of that subsection.
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Duties in respect of protected disclosures.

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55J.— (1) Where a protected disclosure is made to an authorised person, the authorised person shall investigate the subject matter of the disclosure.

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(2)An authorised person may refer that subject matter or any part of it to an appropriate Scheduled body or a professional regulatory body or, where the authorised person believes that a criminal offence has been committed, to the Garda Síochána.
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(3)An authorised person may inform a person in charge of the body to whom the disclosure relates of the subject matter of the disclosure.
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(4)Notwithstanding a referral under subsection (2), the authorised person may investigate the subject matter if the authorised person or the person in charge of the body to which the disclosure relates considers it appropriate to do so.
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(5)The person in charge of the body to whom the disclosure relates may, with the consent of the authorised person, appoint another person to investigate the subject matter.
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(6)If, at any time during an investigation, the authorised person believes the disclosure is false, misleading, frivolous or vexatious, he or she may cease the investigation.
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Disclosure to a Scheduled body.

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55K.— (1) An employee of a relevant body may make a protected disclosure only in accordance with— (a) sections 55E, 55F or 55G, or (b) the procedures established under section 55H.

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(2)Notwithstanding subsection (1), an employee of a relevant body may make a disclosure to a Scheduled body if the employee has reasonable grounds to believe— (a) that the disclosure is justified by reason of the urgency of the matter, or (b) there has been no investigation of the matter, or if an investigation has taken place, there has been no action or recommended action on the subject matter of the disclosure.
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Protection from civil liability of persons who have made a protected disclosure.

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55L.— (1) A person is not liable in damages in consequence of a protected disclosure.

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(2)Subsection (1) does not apply in respect of a person who makes a disclosure knowing it to be or reckless as to whether it is false, misleading, frivolous or vexatious or who, in connection with a disclosure, furnishes information that the person knows to be false or misleading.
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(3)The reference in subsection (1) to liability in damages shall include a reference to any other form of relief.
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Protection of employees from penalisation for having made a protected disclosure.

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55M.— (1) An employer shall not penalise an employee for making a protected disclosure.

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(2)A contravention of subsection (1) is a ground of complaint by an employee to a rights commissioner.
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(3)In proceedings before a rights commissioner or the Labour Court in relation to a complaint of a contravention of subsection (1), it shall be presumed, unless the contrary is proved, that the disclosure was a protected disclosure.
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(4)If the contravention of subsection (1) was a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee both under this section and under those Acts.
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(5)A rights commissioner hearing a complaint under this section shall— (a) give the parties an opportunity to be heard and to present any evidence relevant to the complaint, (b) give a decision in writing, and (c) communicate it to the parties.
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(6)A decision of a rights commissioner under subsection (5) shall do one or more of the following: (a) declare that the complaint was or, as the case may be, was not well founded; (b) require the employer to comply with subsection (1) and to take specified steps; (c) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances.
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(7)A rights commissioner shall not entertain a complaint under this section unless it is presented to him or her within the period of 12 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within that period) such further period, not exceeding 6 months from the expiration of the period of 12 months, as the rights commissioner considers reasonable.
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(8)(a) A complaint under this section shall be presented to a rights commissioner by giving notice of it in writing to him or her and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Enterprise, Trade and Employment after consulting the Minister for Health and Children. (b) A copy of a notice under paragraph (a) shall be given to the employer by the rights commissioner.
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(9)Proceedings under this section before a rights commissioner shall be conducted otherwise than in public.
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(10)A rights commissioner shall furnish the Labour Court with a copy of any decision given by the commissioner under this section.
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(11)A party to proceedings under this section before a rights commissioner may appeal to the Labour Court from a decision of the rights commissioner and, on an appeal, the Labour Court shall— (a) give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, (b) make a determination in writing in relation to the appeal affirming, varying or setting aside the decision, and (c) communicate the determination to the parties.
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(12)(a) An appeal under this section shall be initiated by the giving, by the party appealing, within 6 weeks of the date on which the decision to which it relates was communicated to that party, of a notice in writing to the Labour Court under subsection (13) and stating the intention of that party to appeal. (b) A copy of a notice under paragraph (a) shall be given by the Labour Court to the other party as soon as practicable after the receipt of the notice by the Labour Court.
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(13)The following matters, or the procedures to be followed in relation to those matters, shall be determined by the Labour Court, namely: (a) the procedure in relation to the initiation and the hearing by the Labour Court of appeals under this section; (b) the times and places of hearings of such appeals; (c) the representation of the parties to such appeals; (d) the publication and notification of determinations of the Labour Court; (e) the particulars to be contained in a notice under subsections (12) and (15); (f) any matters consequential on, or incidental to, the matters referred to in paragraphs (a) to (e).
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(14)(a) The Minister for Enterprise, Trade and Employment, after consulting the Minister for Health and Children, may, at the request of the Labour Court, refer a point of law arising in proceedings under this Part before it to the High Court for determination. (b) A party to proceedings before the Labour Court may appeal to the High Court from a determination of the Labour Court on a point of law. (c) The determination of the High Court under this subsection is final and conclusive.
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(15)(a) Where a decision of a rights commissioner under subsection (6)(b) or (c) has not been implemented by the employer in accordance with its terms, the time for bringing an appeal against the decision has expired and no such appeal has been brought, the employee may bring the complaint before the Labour Court and the Labour Court shall, without hearing the employer or any evidence (other than in relation to the matters), make a determination to the like effect as the decision. (b) The bringing of a complaint before the Labour Court by virtue of this subsection shall be effected by giving to the Labour Court a notice in writing containing such particulars (if any) as may be determined by the Labour Court.
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(16)Proceedings under this section before the Labour Court shall be heard otherwise than in public.
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(17)The Labour Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under paragraphs (a), (b), (c), (e) or (f) of subsection (13) (not being a determination as respects a particular appeal under this section) or subsection (15)(b).
\n

Proceedings before Labour Court.

\n

55N.— (1) The Labour Court shall, on the hearing of any matter referred to it under this Part, have power to take evidence on oath and for that purpose may cause oaths to be administered to persons attending as witnesses at the hearing.

\n
(2)Any person who, upon examination on oath authorised under this section, wilfully and corruptly gives false evidence or wilfully and corruptly swears anything which is false is guilty of an offence and, on conviction, is liable to the penalties for wilful and corrupt perjury.
\n
(3)The Labour Court may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Labour Court under this section or to produce any documents in his or her possession, custody or control which relate to any such matter.
\n
(4)A notice under subsection (3) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides.
\n
(5)A person to whom a notice under subsection (3) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.
\n

Enforcement of determinations of Labour Court.

\n

55O.— (1) (a) If an employer fails to carry out in accordance with its terms a relevant determination of the Labour Court under section 55M within 6 weeks from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by— (i) the employee, (ii) with the consent of the employee, any trade union of which the employee is a member, or (iii) the Minister for Enterprise, Trade and Employment, if that Minister considers it appropriate to make an application having regard to all the circumstances, without hearing the employer or any evidence (other than in relation to the matters aforesaid) make an order directing the employer to carry out the determination in accordance with its terms. (b) In paragraph (a), a ‘ relevant determination ’ means a determination in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought, it has been abandoned and the reference to the date on which the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of its abandonment.

\n
(2)The Circuit Court may, in an order under this section relating to the payment of compensation, if in all the circumstances it considers it appropriate to do so, direct the employer to pay to the employee interest on the compensation, at the rate referred to in section 22 of the Courts Act 1981 , in respect of the whole or any part of the period beginning 6 weeks after the date on which the determination of the Labour Court is communicated to the parties and ending on the date of the order.
\n
(3)An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer ordinarily resides or carries on any profession, trade, business or occupation.
\n

Evidence of failure to attend before or give evidence or produce documents to Labour Court.

\n

55P.— A document purporting to be signed by the chairman or a vice-chairman of the Labour Court stating that— (a) a person named in the document was, by a notice under section 55N required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document, (b) a sitting of the Labour Court was held on that day and at that time and place, and (c) the person did not attend before the Labour Court in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or wilfully failed to produce the document, shall, in a prosecution of the person under section 55N, be evidence of the matters so stated without further proof.

\n

Interpretation of ‘penalise’.

\n

55Q.— (1) In this Part, ‘ penalise’ includes any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment and which is consequent upon a protected disclosure by the employee.

\n
(2)For the purposes of subsection (1) but without prejudice to its generality, penalisation includes— (a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2005), or the threat of suspension, lay-off or dismissal, (b) demotion or loss of opportunity for promotion, (c) transfer of duties, change of location of place of work, reduction in wages or a change in working hours, (d) imposition of any discipline, reprimand or other penalty (including a financial penalty), (e) coercion, intimidation or harassment, (f) injury, damage or loss, and (g) threats of reprisal.
\n
(3)Paragraph (c) of subsection (2) shall not be construed in a manner which prevents an employer from ensuring that the business of the body concerned is carried on in an efficient and effective manner.
\n

Continuity of employer’s business.

\n

55R.— References in this Part to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to ownership of the business.

\n

Making false reports.

\n

55S.— (1) A person who makes a disclosure which the person knows or reasonably ought to know to be false is guilty of an offence.

\n
(2)A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, (b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or to both.
\n
(3)Notwithstanding section 10
\n
(4)of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted within 2 years from the date on which the offence was committed or, if later, 2 years from the date on which evidence that, in the opinion of a member of the Garda Síochána, is sufficient to justify the bringing of the proceedings.
\n
(4)For the purposes of subsection (3) of this section, a certificate signed by a Superintendent of the Garda Síochána as to the date on which the evidence referred to in that subsection relating to the offence concerned came to his or her knowledge is prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed is deemed to be so signed and shall be admitted as evidence without proof of the signature of the Superintendent purporting to sign the certificate.
\n

Saver.

\n

55T.— This Part is without prejudice to the provisions of the Protections for Persons Reporting Child Abuse Act 1998.”.

\n
(2)The Health Act 2004 is further amended— (a) by deleting “and” from immediately after paragraph (e) of section 35(1) and inserting after that paragraph the following: “(f) procedures established under section 55H, and”, and (b) by inserting after Schedule 2 the following Schedule: “SCHEDULE 2A Bodies and office-holders referred to in Part 9A as Scheduled Bodies Adoption Board Chief Inspector Comptroller and Auditor General Health Information and Quality Authority Inspector of Mental Health Services Irish Medicines Board Mental Health Commission”.
\n

PART 15

\n

Consequential and Minor Amendments to Other Acts Repeals and revocations.

\n

104.— (1) Each Act specified in the second column of

\n

Part 1

\n

of Schedule 1 is repealed to the extent specified in the third column, but the repeal does not affect any notice or certificate given under the repealed Act and such notice or certificate has effect as if given under this Act.

\n
(2)Each order specified in the second column of
\n

Part 2

\n

of Schedule 1 is revoked to the extent specified in the third column.

\n
(3)Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister, by regulation, may make for the purpose of bringing any such order, regulation or rule into conformity with this Act.
\n

Amendment to other Acts.

\n

105.— The Acts specified in Schedule 2 are amended as indicated in that Schedule.

\n

SCHEDULE 1 Repeals and Revocations

\n

Section 104

\n

.

\n

PART 1

\n

Acts Repealed Number and Year Short Title Extent of Repeal

\n

(1)

\n

(2)

\n
(3)No. 21 of 1961 Hospitals Federation and Amalgamation Act 1961 The whole Act.
\n

No. 23 of 1990 Health (Nursing Homes) Act 1990 Sections 3, 4, 5, 6 and 9.

\n

No. 17 of 1991 Child Care Act 1991 Sections 38(3) and (4) and 59 to 65.

\n

PART 2

\n

Orders Revoked Number and Year Short Title Extent of Revocation

\n

(1)

\n

(2)

\n
(3)No. 160 of 2002 Irish Health Services Accreditation Board (Establishment) Order 2002 The whole order.
\n

No. 132 of 2005 Interim Health Information and Quality Authority (Establishment) Order 2005 The whole order.

\n

SCHEDULE 2 Amendments to Other Acts

\n

Section 105

\n

.

\n

PART 1

\n

Amendments to Child Care Act 1991 Item Provision affected Amendment 1.

\n

Section 2

\n

(a) In subsection (1), by adding the following definition after the definition of “child”: “ ‘children’s residential centre’ means an institution for the residential care of children in the care of the Health Service Executive or of other children in need of adequate care and protection but does not include— (a) an institution managed by or on behalf of a Minister of the Government, (b) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care, (c) an institution for the care and maintenance of children with a disability, (d) an institution approved in accordance with the Mental Health Acts 1945 to 2001, (e) a children detention school as defined in section 3 of the Children Act 2001 ;”. (b) By adding the following subsection after subsection (2): “(3) For the purposes of the definition of ‘children’s residential centre’ in subsection (1), ‘institution’ means a home, centre or institution or part of a home, centre or institution.”.

\n

2.

\n

Section 15

\n

To delete section 15 and substitute the following: “15.—The Health Service Executive shall provide or make arrangements with suitable persons for the provision of suitable accommodation for the purposes of this Part.”.

\n

3.

\n

Section 23K (a) In subsection (2)(a), by substituting “by the Office of the Chief Inspector of Social Services” for “by a person authorised in that behalf by the Minister”. (b) In subsection (7)(f), by deleting everything after “the periodical inspections of those units”.

\n

4.

\n

Section 36

\n

To delete subsection (1)(b) and substitute the following: “(b) by placing him or her in residential care (whether in a children’s residential centre or in a school or other suitable place of residence), or”.

\n

5.

\n

Section 38

\n

(a) In subsection (1), by deleting subsection (1) and by substituting the following subsection: “(1) The Health Service Executive may make arrangements with suitable persons to ensure the provision of an adequate number of residential places for children in its care.”. (b) Delete subsection (2) and substitute the following: “(2) The Health Service Executive may provide and maintain a children’s residential centre or other premises for the provision of residential care for children in care.”.

\n

PART 2

\n

Amendment to Comptroller and Auditor-General (Amendment) Act 1993 Item Provision affected Amendment 1.

\n

First Schedule After “Fire Services Council”, by substituting “Health Information and Quality Authority” for “General Medical Services (Payments) Board”.

\n

PART 3

\n

Amendments to Freedom of Information Act 1997 Item Provision affected Amendment 1.

\n

First Schedule (a) By inserting in paragraph 1(2), “the Health Information and Quality Authority” before “the Heritage Council”, and (b) in paragraph 1(2), by deleting “An Comhairle na nOspidéal,” and “the Irish Health Services Accreditation Board”.

\n

2.

\n

Third Schedule By inserting in Part I of the Third Schedule in the appropriate chronological place— (a) in column (1) “39 & 40 Vict., c. 77 1876”, (b) in column (2) opposite the mention of “39 & 40 Vict., c. 77 1876”, “ Cruelty to Animals Act 1876 ”, and (c) in column (3) opposite the mention of the “ Cruelty to Animals Act 1876 ”, “section 12C(1)”.

\n

3.

\n

Third Schedule By inserting in Part 1 of the Third Schedule in the appropriate chronological place— (a) in column (1) “No. 28 of 1947”, (b) in column (2) opposite the mention of “No. 28 of 1947”, “Health Act 1947” and (c) in column (3) opposite the mention of “Health Act 1947”, “section 54(3)”.

\n

4.

\n

Third Schedule By inserting in Part I of the Third Schedule in the appropriate chronological place— (a) in column (1) “No. 16 of 1994”, (b) in column (2) opposite the mention of “No. 16 of 1994”, “Health Insurance Act 1994”, and (c) in column (3) opposite the mention of the “Health Insurance Act 1994”, “section 34(1)”.

\n

5.

\n

Third Schedule By inserting in Part I of the Third Schedule in the appropriate chronological place— (a) in column (1) “No. 29 of 1998”, (b) in column (2) opposite the mention of “No. 29 of 1998”, “Food Safety Authority of Ireland Act 1998”, and (c) in column (3) opposite the mention of the “Food Safety Authority of Ireland Act 1998”, “section 43(1)”.

\n

6.

\n

Third Schedule By inserting in Part I of the Third Schedule in the appropriate chronological place— (a) in column (1) “No. 6 of 2002”, (b) in column (2) opposite the mention of “No. 6 of 2002”, “Public Health (Tobacco) Act 2002”, and (c) in column (3) opposite the mention of the “Public Health (Tobacco) Act 2002”, “section 20(1)”.

\n

7.

\n

Third Schedule By inserting in Part I of the Third Schedule in the appropriate chronological place— (a) in column (1) “No. 17 of 2006”, (b) in column (2) opposite the mention of “No. 17 of 2006”, “Health (Repayment Scheme) Act 2006”, and (c) in column (3) opposite the mention of the “Health (Repayment Scheme) Act 2006”, “section 12(4)”.

\n

8.

\n

Third Schedule By inserting in Part I of the Third Schedule in the appropriate chronological place— (a) in column (2) “Health Act 2007”, and (b) in column (3), opposite the mention of the “Health Act 2007”, “ section 84 ”.

\n

9.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 288 of 1976”, (b) in column (2) opposite the mention of “No. 288 of 1976”, “The European Communities (Recognition of Medical Qualifications) Regulations 1976”, and (c) in column (3) opposite the mention of the “The European Communities (Recognition of Medical Qualifications) Regulations 1976”, “Article 8(b)”.

\n

10.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 237 of 1980”, (b) in column (2) opposite the mention of “No. 237 of 1980”, “The European Communities (Recognition of General Nursing Qualifications) Regulations 1980”, and (c) in column (3) opposite the mention of the “The European Communities (Recognition of General Nursing Qualifications) Regulations 1980”, “Article 7(b)”.

\n

11.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 20 of 1983”, (b) in column (2) opposite the mention of “No. 20 of 1983”, “The European Communities (Recognition of Midwifery Nursing Qualifications) Regulations 1983”, and (c) in column (3) opposite the mention of the “The European Communities (Recognition of Midwifery Nursing Qualifications) Regulations 1983”, “Article 8(b)”.

\n

12.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 226 of 1993”, (b) in column (2) opposite the mention of “No. 226 of 1993”, “Nursing Homes (Care and Welfare) Regulations 1993”, and (c) in column (3) opposite the mention of the “Nursing Homes (Care and Welfare) Regulations 1993”, “Article 20”.

\n

13.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 279 of 1986”, (b) in column (2) opposite the mention of “No. 279 of 1986”, “The Health Research Board (Establishment) Order 1986”, and (c) in column (3) opposite the mention of the “The Health Research Board (Establishment) Order 1986”, “Article 23”.

\n

14.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 252 of 1994”, (b) in column (2) opposite the mention of “No. 252 of 1994”, “The European Communities (Medical Devices) Regulations 1994”, and (c) in column (3) opposite the mention of the “The European Communities (Medical Devices) Regulations 1994”, “Articles 24A and 26(1)(c)”.

\n

15.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 253 of 1994”, (b) in column (2) opposite the mention of “No. 253 of 1994”, “The European Communities (Active Implantable Medical Devices) Regulations 1994”, and (c) in column (3) opposite the mention of the “The European Communities (Active Implantable Medical Devices) Regulations 1994”, “Article 20(1)(c)”.

\n

16.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 97 of 1997”, (b) in column (2) opposite the mention of “No. 97 of 1997”, “The National Social Work Qualifications Board (Establishment) Order 1997”, and (c) in column (3) opposite the mention of the “The National Social Work Qualifications Board (Establishment) Order 1997”, “Article 37”.

\n

17.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 120 of 1997”, (b) in column (2) opposite the mention of “No. 120 of 1997”, “The National Council on Ageing and Older People (Establishment) Order 1997”, and (c) in column (3) opposite the mention of the “The National Council on Ageing and Older People (Establishment) Order 1997”, “Article 24”.

\n

18.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 278 of 1997”, (b) in column (2) opposite the mention of “No. 278 of 1997”, “The Women’s Health Council (Establishment) Order 1997”, and (c) in column (3) opposite the mention of the “The Women’s Health Council (Establishment) Order 1997”, “Article 24”.

\n

19.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 187 of 1971”, (b) in column (2) opposite the mention of “No. 187 of 1971”, “St. James Hospital Board (Establishment) Order 1971”, and (c) in column (3) opposite the mention of the “St. James Hospital Board (Establishment) Order 1971”, “Article 29”.

\n

20.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 253 of 1999”, (b) in column (2) opposite the mention of “No. 253 of 1999”, “St Luke’s Hospital Board (Establishment) Order 1999”, and (c) in column (3) opposite the mention of the “St Luke’s Hospital Board (Establishment) Order 1999”,“Article 25”.

\n

21.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 376 of 1999”, (b) in column (2) opposite the mention of “No. 376 of 1999”, “The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999”, and (c) in column (3) opposite the mention of the “The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999”, “Article 25”.

\n

22.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 109 of 2000”, (b) in column (2) opposite the mention of “No. 109 of 2000”, “The Pre-Hospital Emergency Care Council (Establishment) Order 2000”, and (c) in column (3) opposite the mention of the “The Pre-Hospital Emergency Care Council (Establishment) Order 2000”, “Article 35”.

\n

23.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 304 of 2001”, (b) in column (2) opposite the mention of “No. 304 of 2001”, “European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001”, and (c) in column (3) opposite the mention of the “European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001”, “Articles 17(4)(c) and 20”.

\n

24.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 446 of 2001”, (b) in column (2) opposite the mention of “No. 446 of 2001”, “Crisis Pregnancy Agency (Establishment) Order 2001”, and (c) in column (3) opposite the mention of the “Crisis Pregnancy Agency (Establishment) Order 2001”, “Article 24”.

\n

25.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 179 of 2004”, (b) in column (2) opposite the mention of “No. 179 of 2004”, “National Treatment Purchase Fund Board (Establishment) Order 2004”, and (c) in column (3) opposite the mention of the “National Treatment Purchase Fund Board (Establishment) Order 2004”, “Article 16”.

\n

26.

\n

Third Schedule By inserting in Part II of the Third Schedule— (a) in column (1) “No. 451 of 2004”, (b) in column (2) opposite the mention of “No. 451 of 2004”, “National Haemophilia Council (Establishment) Order 2004”, and (c) in column (3) opposite the mention of the “National Haemophilia Council (Establishment) Order 2004”, “Article 23”.

\n

PART 4

\n

Amendments to Health Act 2004 Item Provision affected Amendment 1.

\n

Section 2

\n

In subsection (1), by deleting the definition of “service provider” and substituting the following definition: “ ‘service provider’ means a person who— (a) enters into an arrangement under section 38 to provide a health or personal social service on behalf of the Executive, or (b) is in receipt of assistance under— (i) section 39 in an amount that exceeds an amount prescribed for the purposes of paragraph (b)(i) of the definition of ‘service provider’ in section 2 of the Health Act 2007, or (ii) section 10 of the Child Care Act 1991 in an amount that exceeds an amount prescribed for the purposes of paragraph (b)(ii) of the definition of ‘service provider’ in section 2 of the Health Act 2007;”.

\n

2.

\n

Section 5A By adding the following section after section 5: “Expenses of the Executive.

\n

5A.—The expenses incurred by the Executive are, with the approval of the Minister, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.”.

\n

3.

\n

Section 7

\n

In subsection (5), by deleting “and” at the end of paragraph (d), by substituting “, and” for the full stop at the end of paragraph (e) and by adding the following paragraph: “(f) any standards set by the Health Information and Quality Authority, in so far as practicable and subject to the resources available to the Executive.”.

\n

4.

\n

Section 38

\n

(a) In subsection (3), by deleting paragraph (b) and substituting the following paragraph: “(b) submit such accounts annually for examination, and”. (b) After subsection (3) by inserting the following: “(4) The Executive may make an arrangement for the provision of a health or personal social service in accordance with this section by seeking and accepting a tender for the provision of such services.

\n
(5)A service provider providing a service in accordance with subsection (4) is exempt from the requirements of subsections (2) and (3).”.
\n

5.

\n

Section 41

\n

In subsection (2) after the words “The Minister may” delete the words “by order”.

\n

PART 5

\n

Amendment to Civil Registration Act 2004 Item Provision affected Amendment 1.

\n

Section 51

\n

In subsection (2) delete paragraph (c) and substitute the following paragraph: “(c) the solemnisation takes place in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar— (i) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the persons to be married is too ill to attend at a place that is open to the public, and (ii) gives approval to the solemniser to the solemnisation taking place at another place— (I) chosen by the persons to be married, and (II) agreed to by the solemniser.”.

\n

2.

\n

Section 52

\n

Insert the following subsection at the end of section 52: “(4) Subsection (1) does not apply in respect of a marriage solemnised in the circumstances described in subparagraph (i) and (ii) of section 51(2)(c).”.

\n

PART 6

\n

Amendment to Disability Act 2005 Item Provision affected Amendment 1.

\n

Section 10

\n

By deleting “under section 5 of the Act of 2004”.

\n

PART 7

\n

Amendment to Health (Repayment Scheme) Act 2006 Item Provision affected Amendment 1.

\n

Section 2

\n

(a) By inserting the following definition after the definition of “act”: “ ‘Agency’ means the National Treasury Management Agency established by section 3 of the National Treasury Management Agency Act 1990 ;”, and (b) By inserting the following definitions after the definition of “applicant”: “ ‘Authority’ means the Irish Financial Services Regulatory Authority established by section 33B of the Central Bank Act 1942 (as inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003 ); ‘central treasury services’ means central treasury services within the meaning of section 18 of the National Treasury Management Agency (Amendment) Act 2000 ;”. (c) In the definition of “connected person”, in paragraph (b), by inserting “or the county registrar concerned, as the case requires,” after “Wards of Court”.

\n

2.

\n

Section 9

\n

(a) In subsection (2)— (i) by substituting the following for paragraph (a)(ii): “(ii) as follows: (I) with such financial institutions as are authorised by the Authority; (II) in securities of the Government (including savings certificates); or (III) in securities guaranteed as to capital and interest by the Minister for Finance,”, (ii) in paragraph (b), by deleting “or” at the end, (iii) in paragraph (c), by deleting “lodged.” and substituting “lodged, and”, (iv) by inserting the following after paragraph (c): “(d) may deposit moneys held in any patient’s private property account, unless otherwise directed in writing by the account holder or a next friend appointed by a court, in central treasury services, (e) may request the Agency to manage some or all of the moneys in patients’ private property accounts subject to such conditions as the Executive and the Agency may agree to from time to time, (f) may amend or revoke a request referred to in paragraph (e) (but without prejudice to the validity of any act done pursuant to the request before the amendment or revocation, as the case may be),”, and (b) by inserting the following after subsection (2): “(2A) The Agency shall, by virtue of this subsection, have all such powers as are necessary for or incidental to the carrying out of a request referred to in subsection (2)(e).”.

\n

3.

\n

Section 11

\n

By deleting subsection (12) and substituting the following: “(12) The Executive, in respect of moneys standing to the credit of the Fund (other than such moneys for the time being required for the purposes of making payments out of the Fund pursuant to subsection (1))— (a) may invest such moneys— (i) with such financial institutions as are authorised by the Authority, (ii) in securities of the Government (including savings certificates), or (iii) in securities guaranteed as to capital and interest by the Minister for Finance, or (b) may deposit such moneys in central treasury services.

\n
(13)The Executive— (a) may request the Agency to manage some or all of the moneys standing to the credit of the Fund (other than such moneys for the time being required for the purposes of making payments out of the Fund pursuant to subsection (1)) subject to such conditions as the Executive and the Agency may agree to from time to time, (b) may amend or revoke a request referred to in paragraph (a) (but without prejudice to the validity of any act done pursuant to the request before the amendment or revocation, as the case may be).
\n
(14)The Agency shall, by virtue of this subsection, have all such powers as are necessary for or incidental to the carrying out of a request referred to in subsection (13)(a).”.
\n

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