STATUTORY INSRUMENT

S.I. NO. 160 OF 2002

IRISH HEALTH SERVICES ACCREDITATION BOARD

(ESTABLISHMENT) ORDER, 2002.

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE

S.I. NO. 160 OF 2002

Irish Health Services Accreditation Board (Establishment) Order, 2002

The Minister for Health and Children in exercise of the powers conferred on him by Sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) , (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ) hereby orders as follows:-

1.   This Order may be cited as the Irish Health Services Accreditation Board (Establishment) Order, 2002.

2.   In this Order-

“accreditation” means a process involving measurement of performance against a set of standards pre-determined by the Board;

“the Board” means the Irish Health Services Accreditation Board established by this Order;

“the Chairperson” means the Chairperson for the time being of the Board;

“the Chief Executive” means the chief executive officer appointed by the Board under Article 22;

“member” means a member for the time being of the Board;

“the Minister” means the Minister for Health and Children.

3.     (1) A reference in this Order to an Article shall be construed as a reference to an Article appearing in this Order unless it is indicated that a reference to some other provision is intended.

(2) A reference in this Order to a paragraph or sub-paragraph, shall be construed as a reference to a paragraph or sub-paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

THE BOARD

4          (1) A body, to be known as the Irish Health Services Accreditation Board, is hereby established to perform the functions conferred on it by this Order.

(2) The Board shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name.

5.         (1) The functions of the Board shall be:-

(a) to operate hospital accreditation programmes and to grant accreditation to hospitals meeting standards set or recognised by the Board;

(b) to operate accreditation programmes in respect of such providers of other health services as may, from time to time, be deemed appropriate by the Minister after consultation with the Board, and to grant accreditation to such providers meeting standards set or recognised by the Board;

(c) to operate such other schemes aimed at ensuring quality in the provision of health services as may, from time to time, be deemed appropriate by the Minister after consultation with the Board;

(d) to do such other things as are incidental or conducive to carrying out the functions as set out above.

(2) The Board may promote its functions through the provision of information to the public.

MEMBERSHIP OF THE BOARD

6.         (1)        The Board shall consist of eleven members appointed by the Minister.

(2)        The Minister shall appoint a Chairperson of the Board.

(3)        Of the other members of the Board,

(a) one shall be a nominee of the Royal College of Surgeons in Ireland;

(b) one shall be a nominee of the Royal College of Physicians of Ireland;

(c) one shall be a nominee of the Irish College of General Practitioners;

(d) one shall be a nominee of an Bord Altranais;

(e) one shall be a nominee of the National Standards Authority of Ireland;

(f) one shall be a nominee of the Office for Health Management;

(g) one shall be a person with internationally recognised expertise in the field of quality in health care;

(h) one shall be a person with expertise in any of the areas of finance, strategy, business development or marketing;

(i) two shall be members of the general public, who shall not be employed in the health service;

(4)        Not less than four members shall be female and not less than four members shall be male.

(5)        The members of the Board appointed pursuant to sub-article (3)(g) and (h) shall be appointed in consultation with the Chairperson.

(6)        The members of the Board appointed pursuant to sub-article (3)(i) shall be persons nominated for appointment thereto by such body or bodies as the Minister considers to be representative of the general public.

TERM OF OFFICE

7.         The term of office of a member of the Board, including the Chairperson of the Board, shall be such period not exceeding three years as may be specified by the Minister when appointing him or her, and he or she shall hold office for the period for which he or she is appointed, unless he or she dies or resigns by letter addressed to the Minister or ceases to be a member of the Board in accordance with Article 8 of this Order.

8.         (1) A member of the Board may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(2) A member of the Board may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions, or if the Minister is satisfied that the member has failed to comply with the provisions of Article 24.

(3) If a member of the Board dies, resigns or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned. The person appointed shall serve for the remainder of the term of office of the member of the Board who occasioned the vacancy.

VICE-CHAIRPERSON

9.         (1) At the first meeting of the Board, the members shall elect, from amongst the members of the Board, a Vice-Chairperson.

(2) At the first meeting of the Board immediately following the termination of a Vice-Chairperson's term of office, the members shall elect a successor to the post of Vice-Chairperson.

PROCEEDINGS OF THE BOARD

10.       (1) The quorum for a meeting of the Board shall be four.

(2) The Board shall have power to adopt Standing Orders governing the procedures to be followed at its meetings and the performance of its functions generally.

11.       The proceedings of the Board shall not be invalidated by any vacancy or vacancies amongst its members, or by any defect in the appointment of the Board or any member thereof.

12.       The Board shall meet as frequently as may be necessary for the performance of its functions providing always that it shall not meet less than six times annually.

13.       (1) The Chairperson may at any reasonable time call a meeting of the Board.

(2) If the Chairperson refuses to call a meeting of the Board, after a requisition for that purpose, signed by not less than three members of the Board, has been presented to the Chairperson, any three members of the Board may call a meeting of the Board.

(3) If the Chairperson, without so refusing, does not, within seven days of the presentation of a requisition for that purpose signed by not less than three members of the Board, call a meeting of the Board, any three members of the Board may call a meeting of the Board.

14.       At a meeting of the Board:

(1) the Chairperson shall, if present, chair the meeting;

(2) in the absence of the Chairperson, the Vice-Chairperson shall, if present, chair the meeting;

(3) in the absence of the Chairperson and the Vice-Chairperson, the members present shall elect a member of the Board to act as Chairperson for that meeting.

15.       A record of the proceedings of each meeting of the Board shall be kept, and shall be verified at the following meeting.

16.       (1) The names of all persons present at a meeting of the Board shall be recorded.

(2) All acts of the Board, and all questions coming or arising before the Board, may be done and decided by the majority of such members of the Board as are present, and where a vote is considered necessary, by vote at a meeting of the Board which shall be properly recorded.

(3) In case of equality of votes on any question arising at a meeting of the Board, the person chairing the meeting shall have a second, or casting vote.

REMUNERATION

17.       (1) A person (other than the Chairperson of the Board) shall not receive remuneration for acting as a member of the Board, or as a member of any committee appointed by the Board pursuant to Article 5(2), but may be paid travelling and subsistence allowances in accordance with such scales as may from time to time be approved by the Minister with the consent of the Minister for Finance.

(2) The Chairperson shall be paid such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

SEAL

18.       (1) The Board shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of the Board shall be authenticated by the signature of :-

(a) the Chairperson, or such other member duly authorised by the Board to act in that behalf, and

(b) the Chief Executive, or such other officer duly authorised by the Board, to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Board, and every document purporting to be an instrument made by the Board, and to be sealed with the seal of the Board (purporting to be authenticated in the manner provided for in this Order), shall be received in evidence and deemed to be such instrument without proof, unless the contrary is shown.

COMMITTEES

19.       (a) The Board may appoint committees, whose members may include persons who are not members of the Board, to assist and advise the Board in relation to the carrying on of its day-to-day functions, and to furnish advice on particular aspects of its functions.

(b) Any committee so appointed shall comply with any directions given to it by the Board, and any expenditure by it shall be subject to the prior consent of the Board.

FINANCIAL

20.       (1) The Board shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods, and at such times as may be required by the Minister, and shall furnish to the Minister any information which the Minister may require in relation to such estimates.

(2) The Board shall cause to be kept proper accounts, in a form approved by the Minister, of all income and expenditure of the Board, and of the sources of such income, and the subject matter of such expenditure, and of the property, credits and liabilities of the Board.

(3) The financial year of the Board shall be the period of twelve months ending on the 31st day of December in any year, and for the purposes of this provision the period beginning on the date of commencement of this Order, and ending on the 31st December 2002, shall be deemed to be a financial year.

(4) The annual financial statements of the Board for each year shall be prepared in accordance with any accounting standards which may be laid down by the Minister. The annual financial statements shall be prepared within three months of the end of the previous year for submission to the Comptroller and Auditor General and the audit of these annual financial statements shall be carried out by the Comptroller and Auditor General in accordance with section 5 of the Comptroller and Auditor General (Amendment) Act, 1993 .

(5) Submission and presentation of the annual financial statements and auditor's report(s) thereon, shall be carried out in accordance with section 11 of the Comptroller and Auditor General (Amendment) Act, 1993 .

ANNUAL REPORT

21.       (1) The Board shall, in each year, not later than the 30th day of April, make a report to the Minister of its activities during the preceding calendar year, and for the purposes of this provision the first annual report shall be submitted no later than the 30th of April 2003.

(2) The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time request.

CHIEF EXECUTIVE

22.       (1) There shall be a chief executive officer of the Board who shall be known as the Chief Executive.

(2) The Chief Executive shall be appointed by the Board and shall hold office for such period and upon such terms and conditions (other than terms and conditions relating to remuneration, superannuation and allowances for expenses) as the Board may, with the approval of the Minister, determine from time to time.

(3) The Chief Executive shall carry on and manage and control generally the administration and business of the Board and perform such other functions as may be determined by the Board.

(4) The terms and conditions, relating to the remuneration, superannuation and allowances for expenses of the Chief Executive, shall be such as may be determined from time to time by the Minister, with the consent of the Minister for Finance.

(5) The Chief Executive shall not be a member of the Board, but shall be entitled to attend at all Board meetings unless the Board otherwise decides.

MEMBERS OF STAFF

23.       (1) The Board may, subject to the approval of the Minister, with the consent of Minister for Finance, appoint such and so many members of staff as the Board may, from time to time, think proper, and in appointing any member of staff, the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) The Board shall, subject to the approval of the Minister with the consent of the Minister for Finance, determine the remuneration and conditions of service (including superannuation) of the members of staff.

(3) The Board shall, subject to the approval of the Minister with the consent of the Minister for Finance, determine the grades of the staff of the Board and the numbers of staff in each grade.

(4) The Chief Executive shall, from time to time, assign such duties as he or she considers appropriate, to each member of the staff of the Board, and each such member of the staff shall perform the duties so assigned.

DISCLOSURE OF INTERESTS

24.       (1) Where the Chief Executive, a member of the Board, a member of staff of the Board, a consultant, advisor or other person engaged by the Board, has a beneficial interest in, or material to, the functions of the Board, he or she shall comply with the following requirements:-

(a) he or she shall disclose to the Board through the Chief Executive, or, in the case of the Chief Executive or a member of the Board through the Chairperson, the nature of his or her interest in advance of any consideration of the matter,

(b) he or she shall neither influence nor seek to influence a decision in relation to the matter,

(c) he or she shall take no part in any consideration of the matter by the Board, save to such extent as the Chairperson of the Board may permit.

(2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with paragraph (1) of this Article, the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(3) Where a disclosure is made to the Board, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

DUTY OF NON-DISCLOSURE OF INFORMATION

25.       A member of the Board shall not, without the consent of the Board, disclose, save in accordance with law, any information obtained by him or her while performing duties as a member of the Board.

LOANS, PURCHASE AND SALE OF LAND ETC.

26.       (1) The Board may, subject to the approval of the Minister, purchase, take on lease or in exchange, hire or otherwise acquire, and hold, manage, develop, sell, dispose of, lease, give guarantees in respect of, or deal in any way with any property, real or personal, and any interest therein.

(2) The Board may, subject to the approval of the Minister, borrow and raise money, and secure or discharge any debt or obligation of, or binding on the Board, in such manner and on such terms and conditions as may be thought fit, and in particular by mortgages of, or charges upon the undertaking, and all or any of the property, real and personal (present and future), of the Board.

27.       This Order shall come into operation on the 1st day of May 2002.