1 1974

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Number 1 (Private) of 1974


THE LEOPARDSTOWN PARK HOSPITAL (TRUST DEED AMENDMENT) ACT, 1974


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Extension of class of beneficiaries under Deed of Trust.

3.

Amendments and provision for termination of Deed of Trust.

4.

Trustees' powers to make rules, charges, etc.

5.

Trustees' powers of disposition.

6.

Trustees' powers to apply to amend terms of Deed of Trust.

7.

Confirmation of Deed of Trust.

8.

Expenses.

9.

Short title.

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Number 1 (Private) of 1974


THE LEOPARDSTOWN PARK HOSPITAL (TRUST DEED AMENDMENT) ACT, 1974


AN ACT TO AMEND THE TRUSTS OF AN INDENTURE OF CONVEYANCE IN TRUST DATED THE 16th DAY OF OCTOBER, 1917, AND MADE BETWEEN GERTRUDE FRANCES DUNNING OF THE ONE PART AND THE RIGHT HONOURABLE JOHN HODGE SIR MATTHEW NATHAN AND JOSHUA ALBERT FLYNN OF THE OTHER PART WHEREBY CERTAIN LANDS PREMISES AND HEREDITAMENTS SITUATE AT LEOPARDSTOWN, CARMAN HALL AND MURPHYSTOWN IN THE HALF BARONY OF RATHDOWN AND COUNTY OF DUBLIN WERE CONVEYED UPON TRUST TO ESTABLISH AND MAINTAIN THE HOSPITAL KNOWN AS THE LEOPARDSTOWN PARK HOSPITAL SO AS TO REMOVE RESTRICTIONS ON THE CLASS OF PERSONS ELIGIBLE FOR TREATMENT IN THE SAID HOSPITAL, TO EXTEND THE POWERS OF THE TRUSTEES THEREOF AND FOR OTHER PURPOSES RELATING THERETO. [12th March, 1974]

WHEREAS by Indenture of Conveyance in Trust dated the 16th day of October 1917 and made between Gertrude Frances Dunning of the one part The Right Honourable John Hodge Sir Matthew Nathan and Joshua Albert Flynn of the other part certain parts of the lands of Leopardstown, Carman Hall and Murphystown all situate in the Half Barony of Rathdown and County of Dublin were granted and conveyed subject as therein appearing unto the said parties of the second part to hold the same unto them their heirs and successors upon trust (1) that they and the survivors of them and all persons thereafter becoming Trustees in succession to them (all of whom are hereinafter included in the expression “the Trustees”) should cause or permit the buildings in and upon the said lands together with the said lands and premises to be equipped and furnished as a hospital sanatorium or home for the care and treatment of the persons therein described as “officers or men of His Majesty's Navy and Army” who had been or should thereafter be disabled or invalided while serving as such or who should then have been or should thereafter be retired or discharged from such service for such disablement or infirmity (2) that from and after the equipment of the said buildings lands and premises as such hospital sanatorium or home the Trustees should permit the same to be used for the reception care and treatment of the said persons and should efficiently maintain the said buildings lands and premises for the purpose aforesaid and keep the same in proper repair and condition until such time as the said buildings lands and premises should no longer be required for any of the said purposes whereupon the trusts and provisions in that behalf thereinbefore declared should absolutely cease and determine and the Trustees should thereupon hold the said lands premises and hereditaments thereinbefore granted upon trust for the said Gertrude Frances Dunning her heirs and assigns absolutely;

AND WHEREAS the said Hospital was duly established equipped and furnished and has since and is now being carried on and conducted in accordance with the provisions of the said Indenture of Conveyance in Trust;

AND WHEREAS by virtue of a Conveyance made the 20th day of December 1932 between Bernard Simon Dunning of the one part and the then Trustees of the said Indenture of 16th October 1917 of the other part the said Simon Dunning granted and conveyed to the said Trustees ALL THAT AND THOSE the reversions in fee simple fee farm and perpetuity respectively of the said Bernard Simon Dunning expectant upon the termination of the trusts contained in the said Indenture of 16th October 1917 and to ALL THAT AND THOSE the said hereditaments and premises comprised in and granted by the said Indenture upon the trusts appearing in the said Conveyance;

AND WHEREAS in recent years the number of persons under the trusts of the said Indenture of Conveyance in Trust to be received cared for and treated in the said Hospital has been reduced and it is desired to make the facilities of the Hospital available to persons in addition to those eligible for them under the terms of the said Indenture of Conveyance in Trust;

AND WHEREAS it is desired to amend and vary the trusts of the said Indenture of Conveyance in Trust to remove restrictions on the class of persons eligible for treatment in the said Hospital and to permit the Trustees of the said Hospital to admit thereto all such persons as they may think appropriate;

AND WHEREAS it is expedient that the other provisions in this Act contained should be enacted;

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas.

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1. —In this Act unless the context otherwise requires—

the Deed of Trust” means the said Indenture of Conveyance in Trust of the 16th day of October, 1917, made between Gertrude Frances Dunning of the one part and The Right Honourable John Hodge Sir Matthew Nathan and Joshua Albert Flynn of the other part;

the Hospital” means the Hospital carried on under and in accordance with the trusts of the Deed of Trust and known as the Leopardstown Park Hospital;

the Trustees” means the present Trustees of the Hospital under the Deed of Trust and their successors and assigns.

Extension of class of beneficiaries under Deed of Trust.

2. —The Deed of Trust shall be read and construed subject to the following amendments, that is to say—

(1) by adding after the words “for such disablement or infirmity” in line 100 the following words “(hereinafter called ‘the Principal Beneficiaries’) and in addition when the facilities of such Hospital Sanatorium or Home shall permit for the care and treatment of all such other persons as the Trustees may from time to time admit thereto”;

(2) by deleting therefrom in line 106 thereof the words “the said invalided or disabled Officers or men of His Majesty's Forces” and substituting therefor the words “all such persons as aforesaid”.

Amendments and provision for termination of Deed of Trust.

3. —The Deed of Trust shall be read and construed as though all words from and including the words “the said buildings lands and premises are no longer” in lines 108 and 109 thereof to and including the words “Sanatorium or Nursing Home” in lines 123 and 124 thereof were at no time contained therein and that in lieu thereof the following words were from the date of the Deed of Trust contained therein that is to say—

“the Trustees should resolve that in their opinion the continuance of the trusts hereby created is no longer necessary in order to provide for the care and treatment of the Principal Beneficiaries and that accordingly the trusts hereinbefore contained should cease and thereupon the trusts and provisions hereinbefore contained and declared shall absolutely cease and determine and the Trustees shall thereafter hold the lands hereditaments and premises hereinbefore granted Upon Trust for the said Gertrude Frances Dunning her heirs and assigns absolutely PROVIDED FURTHER that if the Trustees should resolve that in their opinion the retention by them of part of the lands hereditaments or premises hereinbefore granted or any buildings erected thereon as may be specified by the Trustees in the said resolution is no longer necessary in order to provide for the care and treatment of the Principal Beneficiaries and that accordingly the trusts hereinbefore contained should cease in respect of such lands hereditaments premises or buildings thereupon the trusts and provisions hereinbefore contained and declared shall absolutely cease and determine in respect of such lands hereditaments premises or buildings and the Trustees shall thereafter hold such lands hereditaments premises or buildings Upon Trust for the said Gertrude Frances Dunning her heirs and assigns absolutely PROVIDED FURTHER that if the Trustees should resolve that in their opinion the retention by them of the proceeds or of part of the proceeds of any sale lease mortgage charge or other alienation of any part of the lands hereditaments or premises hereinbefore granted or any buildings or other asset held by them is no longer necessary in order to provide for the care and treatment of the Principal Beneficiaries and that accordingly the trusts hereinbefore contained should cease in respect of the said proceeds or such part thereof as may be specified by the said Trustees in such resolution thereupon the trusts and provisions hereinbefore contained and declared shall absolutely cease and determine in respect of such proceeds or of such specified part thereof and the Trustees shall thereafter hold the said proceeds or such specified part thereof Upon Trust for the said Gertrude Frances Dunning her heirs and assigns absolutely”.

Trustees' powers to make rules, charges, etc.

4. —The Trustees shall have full power to make rules and regulations for the management and conduct of the Hospital and may from time to time make such charges for the reception care and treatment of any person admitted to the Hospital as they shall see fit provided always that income arising from such charges be applied solely towards and for the charitable purposes of the Hospital within the State.

Trustees' powers of disposition.

5. —The Trustees may, with the consent of the Commissioners of Charitable Donations and Bequests for Ireland, sell, lease, mortgage, charge, alienate or otherwise howsoever dispose of any part or parts of the lands or buildings or other assets held by them on the trusts of the Deed of Trust upon such terms and for such consideration as they consider fit.

Trustees' powers to apply to amend terms of Deed of Trust.

6. —(1) The Trustees may from time to time apply to the Commissioners of Charitable Donations and Bequests for Ireland to alter or vary the provisions of the Deed of Trust.

(2) Upon such application as aforesaid the Commissioners may by a minute under their seal alter or vary any one or more of the provisions of the Deed of Trust or of the Deed of Trust as amended by any alterations or variations made or to be made under this Act.

(3) Every such application shall be in writing and under the signature of a majority of the Trustees for the time being of the Deed of Trust and shall specify the variation or alteration sought.

Confirmation of Deed of Trust.

7. —Save as hereby amended the Deed of Trust shall be and remain in full force and effect.

Expenses.

8. —The costs, charges and expenses preliminary to and of and incidental to the preparing, obtaining and passing of this Act may be paid and discharged by the Trustees out of funds held by them upon the trusts of the Deed of Trust.

Short title.

9. —This Act may be cited as The Leopardstown Park Hospital (Trust Deed Amendment) Act, 1974.