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Health Insurance (Miscellaneous Provisions) Act 2009 (No. 24)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-2)1. Short title, collective citation and construction.2. Definitions.Part 2 Amendment of Health Insurance Act 1994 (ss. 3-18)3. Principal objective of Minister and Authority in performing respective functions under Act.4. Amendment of section 2 of Act of 1994.5. Amendment of section 3 of Act of 1994.6. Substitution of section 7 of Act of 1994.7. Amendment of section 7A of Act of 1994.8. Amendment of Act of 1994.9. Further amendment of Act of 1994.10. Amendment of section 12A of Act of 1994.11. Regulations may specify information to be provided to policy holders and potential policy holders of type of health insurance contract, etc.12. Amendment of section 14 of Act of 1994.13. Amendment of section 17 of Act of 1994.14. Enforcement notices.15. Amendment of section 20 of Act of 1994.16. Amendment of section 21 of Act of 1994.17. Amendment of Schedule to Act of 1994.18. Insertion of Schedule 2 into Act of 1994.Part 3 Amendment of Taxes Consolidation Act 1997 (ss. 19-25)19. Amendment of section 112A of Act of 1997.20. Amendment of section 458 of Act of 1997.21. Amendment of section 470 of Act of 1997.22. Age-related relief for health insurance premiums.23. Amendment of section 904E of Act of 1997.24. Amendment of section 1024 of Act of 1997.25. Amendment of Schedule 29 to Act of 1997.Part 4 Amendment of Stamp Duties Consolidation Act 1999 (s. 26)26. Levy on authorised insurers.Part 5 Amendment of Insurance Act 1936 (s. 27)27. Amendment of section 3 of Insurance Act 1936.
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Version status: In force | Document consolidation status: No known changes
Version date: 19 July 2009 - onwards

18. Insertion of Schedule 2 into Act of 1994.

The Act of 1994 is amended by inserting the following new Schedule after the Schedule:

"Section 6A(2).

Schedule 2 Community Framework for State and in the form of Public Service Compesation (2005/C 297/04)

1. Purpose and Scope

1. It is apparent from the case-law of the Court of Justice of the European Communities [Judgments in Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH ('Altmark') [2003] ECR I-7747 and Joined Cases C-34/01 to C-38/01 Enirisorse SpA v Ministero delle Finanze [2003] ECR I-14243.], that public service compensation does not constitute State aid within the meaning of Article 87(1) of the EC Treaty if it fulfils certain conditions. However, if public service compensation does not meet these conditions and if the general criteria for the applicability of Article 87(1) are satisfied, such compensation constitutes State aid.

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