STATUTORY INSTRUMENTS.

S.I. No. 90 of 2004 .

INTERIM HEALTH SERVICE EXECUTIVE (ESTABLISHMENT) ORDER, 2004

S.I. No. 90 of 2004 .

INTERIM HEALTH SERVICE EXECUTIVE (ESTABLISHMENT) ORDER, 2004.

The Minister for Health and Children in exercise of the powers conferred on him by section 3 of the Health (Corporate Bodies) Act, 1961 ( section 22 of the Health (Amendment) (No. 3) Act, 1996 ( No. 32 of 1996 ) and as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 ) hereby orders as follows:

1. This Order may be cited as the Interim Health Service Executive (Establishment) Order 2004.

Definitions

2. In this Order:

“Act of 1996” means the Health (Amendment) (No. 3) Act, 1996 ;

“chairperson” means the chairperson for the time being of the Interim Executive;

“health board” means a health board established under the Health Act, 1970 , the Eastern Regional Health Authority and the area health boards established under the Health (Eastern Regional Health Authority) Act 1999 ;

“health services” means health services provided under the Health Acts 1947 to 2001 and the Mental Treatment Acts 1945 to 2001;

“Health Service Executive” means a body to be established to plan and provide or arrange to be provided health services which are presently provided by or on behalf of the health boards;

“Interim Executive” means the Interim Health Service Executive established by this Order;

“Minister” means the Minister for Health and Children;

“service plan” means a service plan construed in accordance with section 6 of the Act of 1996.

Establishment of Interim Executive

3. A body to be known as the Interim Health Service Executive is hereby established.

The Interim Executive and Seal

4. (1) The Interim Executive shall be a body corporate with perpetual succession and an official seal and with power to sue and be sued in its corporate name.

(2) The Interim Executive shall, as soon as may be after the establishment day, provide itself with a seal.

(3) The seal of the Interim Executive shall be authenticated by the signature of its Chairperson or some other member of the Interim Executive authorised by it to act in that behalf, and by the signature of an officer of the Interim Executive authorised by the Interim Executive in that behalf.

(4) Judicial notice shall be taken of the seal of the Interim Executive, and every document purporting to be an instrument made by the Interim Executive and to be sealed with the seal (purporting to be authenticated in accordance with sub-article (3) of this article) of the Interim Executive shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

Functions of the Interim Executive

5. The functions of the Interim Executive are as follows:

(1) (a) to prepare and submit to the Minister for his or her approval a plan or plans, subject to any directions which may be made by the Minister, for the establishment of a Health Service Executive which plan shall provide for--

(i) the establishment of a national unified structure for the delivery of

(a) health services,

(b) services provided by a health board on behalf of any Minister,

(c) services provided by a health board on behalf of any other statutory body, and

(d) any other service provided by a health board under any other enactment,

(ii) the integration, insofar as the Interim Executive may deem appropriate, of the management, administrative and service delivery structures of the health boards within the structure drawn up in accordance with paragraph (i);

(iii) the integration, insofar as the Interim Executive may deem appropriate, of any other statutory body, established to provide a health service, within the structure drawn up in accordance with paragraph (i);

(iv) the establishment of regional boundaries for the delivery of such services referred to in paragraph (i) as may be specified by the Minister;

(v) the establishment of appropriate structures and procedures to ensure the proper governance and accountability arrangements for a Health Service Executive;

(vi) the establishment of procedures to develop a national service plan for the delivery of health services, in accordance with any directions which may be made by the Minister and having due regard to the service plans adopted by the health boards, in accordance with section 6 of the Act of 1996.

(b) subject to the Health Acts 1947 to 2001 and the approval of the Minister, make the necessary preparations for the implementation of the plans drawn up in accordance with sub-article (1) (a).

(c) to, subject to the provisions of article 10, appoint a Chief Executive Officer of the Interim Health Services Executive.

(2) The Interim Executive may consult such persons or bodies as it may see fit to assist it in carrying out its functions as prescribed under sub-article (1) of this article.

The Interim Executive

6. (1) The membership of the Interim Executive shall consist of a person, appointed as Chairperson, and ten other persons appointed by the Minister.

(2) The term of office of a member of the Interim Executive, including the Chairperson, shall be such period not exceeding three years or for a period determined by the Minister, and the Chairperson or member 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 Interim Executive in accordance with sub-article 4 of this article.

(3) A member of the Interim Executive 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.

(4) A member of the Interim Executive may at any time be removed from membership of the Interim Executive 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 Interim Executive of its functions, or if the Minister is satisfied that the member has failed to comply with the provisions of article 13.

(5) In the event of a casual vacancy arising through the death, resignation or cessation of membership under this article of a member of the Interim Executive, the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as a member of the Interim Executive for the unexpired term of office of the said member.

Meetings and procedures of the Interim Executive

7. (1) The Interim Executive shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in every period of three months.

(2) The first meeting of the Interim Executive shall be held within one month after the establishment day.

(3) The quorum for a meeting of the Interim Executive shall be five or such greater number of members as the Interim Executive may from time to time determine.

(4) The chairperson of the Interim Executive shall preside at all meetings of the Interim Executive at which he or she is present and in the absence of the Chairperson the members present shall elect one of their number to preside at the meeting.

(5) Each member of the Interim Executive present at a meeting of the Interim Executive shall have a vote.

(6) Every question at a meeting of the Interim Executive shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the Chairperson or other member presiding at the meeting shall have a second or casting vote.

(7) Subject to this Order, the Interim Executive shall regulate, by standing orders or otherwise, the procedures and business of the Interim Executive.

(8) The proceedings of the Interim Executive shall not be invalidated by any vacancy or vacancies amongst its members, or by any defect in the appointment of the Interim Executive or any member thereof.

(9) The Chairperson may at any reasonable time call a meeting of the Interim Executive.

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

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

Remuneration and expenses of members of Interim Executive.

8. (1) A person, appointed to the Interim Executive or a commitee of the Interim Executive in accordance with Article 9, 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) A person, appointed to the Interim Executive or a committee of the Interim Executive in accordance with Article 9, may be paid such remuneration as the Minister, with the consent of the Minister for finance, may determine.

Committees of the Interim Executive

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

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

Chief Executive Officer

10. (1) The Interim Executive shall appoint a person to be the Chief Executive Officer of the Interim Executive.

(2) The Chief Executive Officer shall be appointed by the Interim Executive and shall hold office for a period not exceeding five years, unless reappointed for a further period upon the expiry of this term of office, and upon such terms and conditions (other than terms and conditions relating to remuneration, superannuation and allowances for expenses) as the Interim Executive may, with the approval of the Minister, determine from time to time.

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

(4) The terms and conditions, relating to remuneration, superannuation and allowances for expenses of the Chief Executive Officer, 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 Officer shall not be a member of the Interim Executive, but may attend at all Interim Executive meetings unless the Interim Executive otherwise decides.

Members of Staff

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

(2) Members of staff of the Interim Executive shall be appointed on a contracutal basis for such periods as the Interim Executive, with the consent of the Minister and the Minister for Finance may determine.

(3) The Interim Executive 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.

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

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

Directions to the Interim Executive

12. (1) The Minister may give general directions to the Interim Executive in relation to the performance of the functions assigned to it by or under this Order and the Interim Executive shall comply with any such direction.

(2) The Minister may direct the Interim Executive to supply him or her with such information, reports or statistics in relation to the performance of the functions assigned to it by or under this Order as he or she may request and the Interim Executive shall comply with any such direction.

Disclosure of Interests

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

(a) he or she shall disclose to the Interim Executive through the Chief Executive Officer, or, in the case of the Chief Executive Officer or a member of the Interim Executive through the Chairperson, or, in the case of the Chairperson directly to the Interim Executive 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 Interim Executive, save to such extent as the Chairperson, or where the Chairperson has such an interest a majority of the Interim Executive may permit.

(2) Where a question arises as to whether or not a course of conduct, if pursed by a person, would be failure by him or her to comply with sub-article (1) of this article, the question shall be determined by the Interim Executive and particulars of the determination shall be recorded at the meeting concerned.

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

Duty of Non-Disclosure of Information

14. A member of the Interim Executive, the Chief Executive Officer or a member of staff of the Interim Executive shall not, without the consent of the Interim Executive, disclose, save in accordance with law, any information obtained by him or her while performing his or her duties.

Financial

15. (1) The Minister may pay to the Interim Executive, in each year out of moneys provided by the Oireachtas, a grant or grants, of such amount or amounts as the Minister may decide.

(2) Within twenty working days of having been notified by letter of its grant or grants for a financial year, the Interim Executive shall submit to the Minister a plan for the year in such terms as the Minister may determine.

(3) The Interim Executive shall keep all proper and usual accounts of all moneys received or expended by the Interim Executive including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

(4) The Interim Executive shall prepare annual financial statements in acordance with accounting standards specified by the Minister.

(5) The financial year of the Interim Executive 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 commencing on the date of this Order and ending on the 31st December 2004, shall be deemed to be a financial year.

(6) The annual financial statement 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 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 .

Loans, Purchase and Sale of Land etc

16. (1) The Interim Executive shall not borrow money without the prior consent of the Minister.

(2) Any borrowing of moneys by the Interim Executive shall be subject to such terms and conditions (if any) as may be specified by the Minister.

(3) The Interim Executive may acquire land or buildings subject to the general directions given by the Minister.

(4) The Interim Executive may, subject to any general directions given by the Minister sell, exchange, let or otherwise dispose of any land or buildings vested in it.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to establish under section 22 of the Health (Amendment) (No. 3) Act, 1996 a body known as the Interim Health Service Executive, which will prepare a plan for the establishment of a Health Service Executive and the incorporation within it of the management and administrative and service delivery structures of the health boards so as to provide for a national unified and administrative structure for the promotion and delivery of health services.