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Amendment of section 33 of Act of 2004
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10. Section 33 of the Act of 2004 is amended—
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(a) by substituting the following subsections for subsection (1):
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(1) Subject to subsection (1A), the Executive shall manage health and personal social services set out in an approved service plan so as to ensure that—
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(a) those services are delivered in accordance with the plan, and
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(b) the net non-capital expenditure for the financial year or part of the financial year to which the plan relates does not exceed the amount specified in the section 30A(1) determination for that financial year or part of a financial year, as the case may be.
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(1A) Section 28(1) and subsection (1), as in force immediately before the enactment of the Health Service Executive (Financial Matters) Act 2014, shall apply in relation to a service plan for the financial year 2014 and to a service plan for any part of that financial year and, accordingly, section 28(1) and subsection (1), as in force immediately after such enactment, shall not apply in relation to any such service plan.”,
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and
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(b) by inserting the following subsection after subsection (2):
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“(3) (a) If the amount of net expenditure incurred by the Executive in a financial year is greater than the amount determined by the Minister for that year, the Executive shall charge the amount of such excess to its income and expenditure account for the next financial year.
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(b) If the amount of net expenditure incurred by the Executive in a financial year is less than the amount determined by the Minister for that year, the Executive shall, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, credit the amount of such surplus to its income and expenditure account for the next financial year.”.
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