S.I. No. 237 of 2009

HEALTH ACT 2007 (COMMENCEMENT) (No. 2) ORDER 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 30th June, 2009.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the Health Act 2007 (No. 23 of 2007) hereby order as follows:

1. This Order may be cited as the Health Act 2007 (Commencement) (No. 2) Order 2009.

2. In this Order "Act of 2007" means the Health Act 2007 (No. 23 of 2007).

3. (1) The 25th day of June 2009 is appointed as the day on which Part 13 of the Act of 2007 comes into operation.

(2) The 1st day of July 2009 is appointed as the day on which the following provisions of the Act of 2007 come into operation:

(a) Part 1 (in so far as it is not already in operation);

(b) paragraphs (b) and (c) of subsection (1) of section 41 (in so far only as the functions under those paragraphs are performable in relation to a designated centre to which paragraph (a)(iii) or paragraph (b) of the definition of "designated centre" in section 2 applies);

(c) subsection (2) of section 41;

(d) section 42;

(e) section 45 (other than paragraph (a) of subsection (1));

(f) Parts 8 and 9 (other than in so far as they relate to a designated centre to which subparagraph (i) or (ii) of paragraph (a) of the definition of "designated centre" in section 2 applies);

(g) Part 10 (in so far as it is not already in operation);

(h) subsection (1) of section 104 and Part 1 of Schedule 1 (in so far only as they relate to the repeal of sections 3, 4, 5, 6 and 9 of the Health (Nursing Homes) Act 1990 (No. 23 of 1990)).

GIVEN under my Official Seal,

25 June 2009.

MARY HARNEY.

Minister for Health and Children.

EXPLANATORY NOTE

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

This Order commences provisions under the Health Act 2007 in relation to the regulation of certain designated centres (designated centres to which paragraph (a)(iii) or paragraph (b) of the definition of "designated centre" in section 2 of the Act applies) and in relation to the inspection and registration by the Chief Inspector of Social Services of these designated centres.