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3 1943

SAINT LAURENCE'S HOSPITAL ACT, 1943

PART V.

Dissolution of Existing Governing Body, and Transfer of Property, Liabilities, etc., of Existing Governing Body.

Definitions for purposes of Part V.

33. —(1) In this Part of this Act—

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the expression “the trust lands” means any lands, tenements or hereditaments which are, by virtue of section 3 of the Act of 1856, immediately before the first appointed day, vested in the Commissioners in trust for and to the use of the existing hospitals;

the expression “the existing governing body's lands” means any lands, tenements, or hereditaments (other than the trust lands) which are, immediately before the first appointed day, vested in, or the property of, or held in trust for, the existing governing body.

(2) A certificate under the seal of the Minister that any particular lands, tenements or hereditaments (other than the trust lands) were immediately before the first appointed day vested in, or the property of, or held in trust for, the existing governing body shall be conclusive evidence of the facts so certified.

Dissolution of the existing governing body.

34. —On the first appointed day the existing governing body shall by virtue of this section be dissolved and cease to exist, and the provisions of the Act of 1856 shall cease to have effect in relation to the existing governing body and the existing hospitals.

Transfer of property of existing governing body.

35. —(1) Subject to the provisions of this section, all property whether real or personal (including choses-in-aetion) which immediately before the first appointed day is vested in or belongs to or is held in trust for the existing governing body and all rights, powers, and privileges relating to or connected with any such property shall, on the first appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the Board for all the estate, term or interest for which the same immediately before the first appointed day was vested in or belonged to or was held in trust for the existing governing body.

(2) All property transferred by this section which, immediately before the first appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the existing governing body shall upon the request of the Board, made on or at any time after the first appointed day, be transferred in such books by such bank, corporation, or company into the name of the Board.

(3) On and after the first appointed day, every chose-in-action transferred by this section from the existing governing body may be sued upon, recovered, or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) This section shall not have effect in relation to the trust lands or the existing governing body's lands.

(5) Where any property transferred to the Board by this section was immediately before the first appointed day held upon trust for the endowment of a bed or a medical prize or medal fund or upon other special trusts, such property shall—

(a) until the second appointed day, be held by the Board upon the trusts which immediately before the first appointed day affected it;

(b) on and after the second appointed day, be held by the Board upon such trusts as may be declared by the Board of and concerning the same, and the trusts so to be declared shall be such as, in the opinion of the Board, correspond so far as the circumstances allow, to the trusts which immediately before the first appointed day affected such property.

(6) If any question arises under sub-section (5) of this section such question shall be referred to the Minister whose decision shall be final.

Provisions in relation to lands occupied for the purposes of the existing hospitals.

36. —(1) The following provisions shall have effect in relation to the trust lands, that is to say:—

(a) on the first appointed day the trust lands shall, by virtue of this sub-section and without any conveyance or assignment, become and be vested in the Minister for all the estate, term or interest for which the same were, immediately before the first appointed day, vested in the Commissioners;

(b) on the first appointed day the trusts upon which the trust lands were held by the Commissioners immediately before the first appointed day shall cease and determine.

(2) On the first appointed day the existing governing body's lands shall, by virtue of this sub-section and without any conveyance or assignment, become and be vested in the Minister for all the estate, ter or interest for which the same were, immediately before the first appointed day, vested in, or the property of, or held in trust for, the existing governing body.

(3) At any time after the first appointed day the Minister may dispose of the lands vested in him by this section or any part of those lands in such one of the following ways as the Minister thinks proper, that is to say:—

(a) by sale at the best price that can, in the opinion of the Minister, be obtained;

(b) by transfer (with or without payment) to a particular local authority for the purposes of any of the powers and duties of such local authority.

(4) On and after the first appointed day the Minister shall hold so much of the lands vested in him by this section as has not been disposed of by him under this section in trust for the Board.

(5) Any moneys received by the Minister from the disposal of lands by him under this section shall, after defraying all costs and expenses incurred by the Minister in relation to such disposal, be paid by him to the Hospitals Trust Board and shall form part of the Hospitals Trust Fund.

Transfer of liabilities of the existing governing body.

37. —(1) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the first appointed day is owing and unpaid or has been incurred and is undischarged by the existing governing body shall, on the first appointed day, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.

(2) In this section the expression “liability” includes any annuity by way of superannuation granted, under section 9 of the Act of 1856, to an officer or servant, within the meaning of the Act of 1856, of the existing hospitals.

Transfer of officers and servants of the existing governing body.

38. —(1) Every person (in this section referred to as a transferred person) who, on the day before the first appointed day, is a paid officer or servant of the existing governing body shall, on the first appointed day and subject to the provisions of this section, be transferred to and be and become an officer or servant of the Board.

(2) Every transferred person shall perform in the employment of the Board duties analogous to those performed by him in the employment of the existing governing body before his transfer, but the Board may (subject to the restriction that no transferred person shall be required to perform duties which are not analogous to those performed by him in the employment of the existing governing body before his transfer) redistribute or rearrange the duties to be performed by any transferred persons, and every transferred person shall be bound to perform the duties allotted to him on any such redistribution or rearrangement.

(3) No transferred person shall, without his consent, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the employment of the existing governing body.

(4) Subject to the provisions of this Act relating to restriction on exercise of powers in relation to officers and servants, the Board may abolish the office or employment of any transferred person.

(5) Until the existing hospitals are closed under this Act any transferred person shall, if so required by the Board, remain at the existing hospitals and perform such duties there as the Board may require.

(6) If any question arises under sub-section (2) or sub-section (3) of this section in relation to any transferred person such question shall be referred to the Minister whose decision shall be final.

Preservation of contracts of service.

39. —Every contract of service, express or implied, which is in force immediately before the first appointed day between the existing governing body and any person not being an officer of the existing governing body shall continue in force on and after the first appointed day, but shall be construed and have effect as if the Board were substituted therein for the existing governing body, and every such contract shall be enforceable by or against the Board accordingly.