40CAppointment of delegate to board

40C Appointment of delegate to board S. 40C(1) amended by No. 52/2017 s. 18(1). (1) The Minister may appoint not more than 2 delegates to the board of a public hospital if the Minister considers that such an appointment will assist the board to improve the performance of the public hospital or, in the case of a new public hospital, will assist the orderly establishment of the public hospital or the performance of the public hospital. S. 40C(2) amended by No. 52/2017 s. 18(2). (2) A delegate is not a director of the board of a public hospital. S. 40C(3) amended by No. 52/2017 s. 18(3)(a). (3) In determining if an appointment of a delegate under subsection (1) will assist the board to improve the performance of the public hospital or, in the case of a new public hospital, will assist the orderly establishment of the public hospital or the performance of the public hospital, the Minister must have regard to— S. 40C(3)(a) amended by No. 52/2017 s. 18(3)(b). (a) the financial performance of the public hospital or the future financial performance of the new public hospital; and S. 40C(3)(b) amended by Nos 52/2017 s. 18(3)(c), 4/2022 s. 6. (b) the safety and quality of the health services provided by the public hospital or to be provided by the new public hospital, including compliance with the duty of candour; and S. 40C(3)(c) amended by No. 52/2017 s. 18(3)(d). (c) whether the public hospital is complying, or the new public hospital will comply, with the health service agreement to which it is a party; and (d) whether the board has requested such an appointment. (a) subject to subsections (7) and (8), holds office for the period specified in the instrument of appointment, being a period of not more than 12 months from the date of appointment; and S. 40C(6)(d) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 96.3), 80/2006 s. 26(Sch. item 48.2). (d) is in respect of the office of delegate subject to the **Public Administration Act 2004** (other than Part 3 of that Act). New s. 40D inserted by No. 52/2004 s. 14.