Joe Sherlock (Cork East, Labour)
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Question 258: To ask the Minister for Health and Children if the provisions of section 48 of the Health Act 1970 remain in place; if responsibility for this section was transferred to the Health Service Executive under the 2004 Act; and if she will make a statement on the matter. [31138/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Under Section 48 of the Health Act, 1970, an applicant for a medical card may be required to make a declaration in such form as the Health Board considers appropriate in relation to his/her means. Section 59 of the Health Act, 2004 provided that functions which were the functions of a specified body, including a health board, transfer to the Health Service Executive. Furthermore, section 66 provides that references to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Health Service Executive, unless the context otherwise requires. Therefore, with effect from 1 January 2005, the functions of a health board under Section 48 of the Health Act, 1970 transferred to the Health Service Executive.