Health (Repayment Scheme) Act 2006

Donations of prescribed repayments, etc.

11.— (1) The Executive may establish and manage a fund, to be known as the Repayment Scheme (Donations) Fund (“the Fund”), to be applied by the Executive for the purposes of providing improvements in public health services provided to dependent older persons and persons with disabilities and the expenses of which are non-recurring and are not expenses which would, in the ordinary course of the provision of such public health services, have otherwise been expenses met by an allocation from the Minister for Finance or another Minister of the Government.

(2) If the Fund is established, an applicant (other than an applicant falling within paragraph (e) of the definition of “connected person”) may give a direction in an application that any or all prescribed repayments arising from the application shall be paid into the Fund.

(3) Subject to section 9 (3), the Executive shall cause a direction referred to in subsection (2) to be complied with.

(4) The moneys of the Fund shall comprise—

(a) such prescribed repayments as are paid into the Fund pursuant to a direction referred to in subsection (2), and

(b) such other moneys that are accepted under subsection (11), constitute the proceeds of the sale or other disposal of land or other property accepted under that subsection, or constitute income received on, or the proceeds of the sale or other disposal of, investments made pursuant to subsection (12).

(5) Any prescribed repayment, or other moneys referred to in subsection (4)(b), that is or are paid into the Fund shall be disregarded for the purposes of Chapter 1 of Part VI of the Finance Act 1993 .

(6) Any prescribed repayment, or other moneys referred to in subsection (4)(b), that are paid into the Fund shall be treated as having been taken by a person as a benefit for public or charitable purposes and section 76 (2) of the Capital Acquisitions Tax Consolidation Act 2003 shall apply accordingly.

(7) The Executive shall submit an annual report on the operation of the Fund, and particulars of the accounts of the Fund, to the Minister not later than 6 months after the expiration of each calendar year (which, in the case of the first such report, means that part of the calendar year commencing on the date on which the Fund was established up to and including the 31 December next following that date).

(8) The Minister shall cause copies of a report referred to in subsection (7) to be laid before each House of the Oireachtas.

(9) The Fund shall consist of such accounts as the Minister, after consultation with the Minister for Finance, determines.

(10) Subject to section 18 in so far as that section relates to the Fund, the Executive shall keep the accounts of the Fund.

(11) The Executive may accept a gift of moneys, land or other property—

(a) if the gift is made for the benefit of the Fund,

(b) if the trusts and conditions attached to the gift are not inconsistent with the purposes referred to in subsection (1) or with paragraph (c), and

(c) if, in the case of land or other property, the Executive may, at its discretion, realise the value of the gift for the benefit of the Fund.

(12) The Executive may invest moneys standing to the credit of the Fund (other than such moneys for the time being required for the purpose of making payments out of the Fund pursuant to subsection (1)) with such financial institutions as are authorised by the Irish Financial Services Regulatory Authority established by section 33B of the Central Bank and Financial Services Authority of Ireland Act 2003 .