Health (Eastern Regional Health Authority) Act, 1999
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Arrangements by Authority for provision of services. |
10.—(1) Subject to subsections (2) and (4), the Authority shall, having regard to the resources available to it, make one or more arrangements with one or more persons for the provision of services within its functional area. | |
(2) (a) Subject to section 9 (2) and subsection (3), the Authority shall, having regard to the resources available to it, make and carry out an arrangement with each Area Health Board for the provision within the Area Health Board's functional area of services which, immediately before the establishment day, were provided by the Eastern Health Board. | ||
(b) The Authority may make arrangements with an Area Health Board for the provision of services other than those specified in paragraph (a). | ||
(c) Paragraph (a) shall not be construed as preventing the Authority or an Area Health Board from discontinuing or curtailing any service. | ||
(3) The Authority may determine an arrangement or any part thereof made under subsection (2)(a) in relation to the provision of a service and make and carry out an arrangement in lieu thereof with a voluntary body for the provision of the service. | ||
(4) An arrangement made under this section shall include the following: | ||
(a) a written agreement between the Authority and the person who proposes to provide the services, covering a period of not less than 3 years and not more than 5 years and specifying— | ||
(i) the principles by which both parties agree to abide for the duration of the agreement, and | ||
(ii) such standards relating to the efficiency, effectiveness and quality of the services to be provided as may be agreed between the parties, | ||
and | ||
(b) a written agreement, to be renewed annually, between the Authority and the person who proposes to provide the services specifying— | ||
(i) the services to be provided, and | ||
(ii) the funds to be made available therefor. | ||
(5) The Authority may delegate its power to make an arrangement under subsection (1) to an Area Health Board, other than where: | ||
(a) the arrangement is with any one of the persons specified in the Second Schedule, or | ||
(b) the arrangement is with another Area Health Board. | ||
(6) A person (not being an Area Health Board) who provides services in accordance with an arrangement made under this section shall keep, in such form as may be approved by the Authority, all proper and usual accounts and records of all income received or expenditure incurred by it. | ||
(7) Accounts kept in pursuance of subsection (6) shall be submitted annually for audit and a copy of the accounts and the auditor's certificate and report thereon shall be presented to the Authority within such period as may be specified by the Authority. | ||
(8) The expense of an audit carried out under subsection (7) shall be paid for by the person keeping the accounts. |