STATUTORY INSTRUMENTS

S.I. No. 179 of 2004 .

NATIONAL TREATMENT PURCHASE FUND BOARD (ESTABLISHMENT) ORDER, 2004.

S.I. No. 179 of 2004 .

NATIONAL TREATMENT PURCHASE FUND BOARD (ESTABLISHMENT) ORDER, 2004.

The Minister for Health and Children in exercise of the powers conferred on him by Sections 3 to 6 of Section 22 of the Health (Amendment) (No. 3) Act, 1996 ( No. 32 of 1996 ) and 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 National Treatment Purchase Fund Board (Establishment) Order, 2004.

2. In this Order:

“Board” means the National Treatment Purchase Fund Board established by this Order;

“Chairperson” means the Chairperson appointed by the Minister under Article 5;

“Chief Executive” means the Chief Executive Officer appointed under Article 12;

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

“Minister” means the Minister for Health and Children;

The Board

3. (1) A body to be known as the National Treatment Purchase Fund Board (Bord an Chiste Náisiúnta um Cheannach Cóireála) is hereby established to perform the functions conferred upon it by this Order.

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

Functions of the Board

4. (1) Without prejudice to section 52 of the Health Act, 1970 the functions of the Board are as follows:

(a)  to make arrangements with persons, whether resident in the State or elsewhere, for the provision of hospital treatment to such classes of persons as may be determined by the Minister, from time to time;

(b)  to collect, collate and validate information in relation to persons waiting for hospital treatment and to put in place information systems and procedures for that purpose;

(c)  to furnish whenever it is so required by the Minister or on its own initiative, advice to the Minister on issues relating to its functions under this Article;

(d)  to perform any other function in relation to the purchase of hospital treatment that the Minister may from time to time assign to it.

(2) In performing the functions conferred on it by this Order, the Board shall have regard to the resources, wherever originating, that are available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources.

Membership of the Board

5. (1) The Board shall consist of 9 members appointed by the Minister.

(2) The Minister shall appoint from amongst the members a Chairperson who shall hold office until he or she ceases to be a member of the Board or until the Minister appoints another person to be Chairperson.

(3) Each member of the Board shall be appointed to serve for a period of 3 years unless he or she sooner dies, resigns or ceases to be a member of the Board in accordance with this Article.

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

(5) A member shall cease to be a member of the Board on his or her being requested in writing by the Minister to resign.

(6) The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Board.

Proceedings of the Board

6. (1) The Chairperson may, at any time, upon giving not less than 5 working days notice call a meeting of the Board.

(2) If the Chairperson fails, neglects or refuses to call a meeting of the Board after a requisition for that purpose, signed by not less than 4 members of the Board has been presented to him or her, any 4 members of the Board may forthwith on that refusal, call a meeting of the Board, such meeting not to be held until subsequent to the expiry of 5 working days commencing on the date of such refusal.

(3) The quorum for a meeting of the Board shall be 4.

(4) The Board shall hold such and as many meetings as may be necessary for the performance of its functions.

(5) 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.

(6) The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.

(7) At a meeting of the Board:

(a)  the Chairperson shall, if he or she is present, chair the meeting;

(b)  if and so long as the Chairperson is not present, the members present shall choose one of their number to chair the meeting;

(c)  minutes of the proceedings of each meeting of the Board shall be kept and shall be verified by the person chairing the next ensuing meeting;

(d)  the names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the Board;

(e)  all questions coming or arising at a meeting of the Board may be decided by a majority of such members of the Board as are present and vote at a meeting of the board;

(f)  in the case of equaltiy of votes on any question arising at a meeting of the Board, the person chairing that meeting shall have a second or casting vote.

Remuneration

7. (1) A person (other than the Chairperson) shall not receive any remuneration for acting as a member of the Board, or as a member of any committee appointed by the Board under Article 8(1), 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 receive such remuneration for acting as Chairperson of the Board as may from time to time be determined by the Minister, with the consent of the Minister for Finance.

Committees

8. (1) 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 functions, or to furnish advice on particular aspects of its functions.

(2) 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

9. (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 Minister may pay to the Board, in each year out of moneys provided by the Oireachtas, a grant or grants, of such amount or amounts as the Minister may decide.

(3) Within 20 working days of having been notified of its grant or grants for a financial year, the Board shall submit to the Minister a service plan for the year in such terms as the Minister may determine.

(4) The financial year of the Board shall be the period of 12 months ending on 31 December in any year and for the purposes of this provision the period commencing on the date of the coming into operation of this Order and ending on 31 December 2004, shall be deemed to be a financial year.

Accounts

10. (1) The Board shall keep all proper and usual accounts of all moneys received or expended by the Board 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.

(2) A statement of accounts of the Board for each financial year shall be prepared and after such preparation be subject to audit by the Comptroller and Auditor General under section 5 of the Comptroller and Auditor General (Amendment) Act, 1993 .

(3) 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 .

(4) The Chief Executive shall, whenever required by the Committee of Public Accounts, give evidence to that Committee.

(5) The Chief Executive, if required under Article 10(4) to give evidence, shall not:

(a)  question or express an opinion on the merits of any policy of the Government or a Minister of the Government or the Attorney General or on the merits of the objectives of such a policy, or

(b)  produce or send to a committee a specified document in which the Chief Executive questions or expresses an opinion on the merits of any such policy or such objectives.

Reports

11. (1) The Board shall in each year subsequent to its establishment, not later than 31 March, make a report to the Minister of its activities during the preceding year, including an account of its performance against the service plan produced under Article 9(3), and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) For the purposes of this provision, the period commencing on the date of coming into operation of this Order and ending 31 December 2004 shall be deemed a year.

(3) The Board shall furnish to the Minister, or to such other body as the Minister may specify, such other information relevant to the performance of its functions as the Minister may from time to time request.

Chief Executive

12. (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

13. (1) The Board 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 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.

(5) A person who immediately before the commencement of this Order was employed by the former National Treatment Purchase Fund, shall on that day, be transferred to and become a member of staff of the National Treatment Purchase Fund Board.

(6) Persons referred to at (5) shall not, while in the employment of the Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than those to which they were subject immediately before the commencement of this Order.

Consultancy

14. The Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this Article shall be paid by the Board out of moneys at its disposal.

Disclosure of interests

15. (1) Where the Chairperson, any other member of the Board, the Chief Executive, a member of staff of the Board, a consultant, adviser or other person engaged by the Board, has a beneficial interest in, or material to, any matter which falls to be considered by 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, or, in the case of the Chairperson directly to the Board, 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, or where the Chairperson has such an interest, a majority 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

16. A person shall not, without the consent of the Board, disclose any information obtained by him or her while performing duties as a member or officer of, or a consultant or an adviser to, the Board or a committee established pursuant to Article 8 of this Order.

Loans, Purchase and sale of land etc

17. (1) 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.

(2) The Board may, subject to approval by 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.

18. This Order shall come into operation on the 1st day of May, 2004.