Number 44 of 1935.
CORK FEVER HOSPITAL ACT, 1935.
ARRANGEMENT OF SECTIONS
Acts Referred to | |
No. 5 of 1925 | |
No. 3 of 1927 | |
No. 18 of 1933 | |
No. 1 of 1929 | |
No. 29 of 1926 | |
No. 20 of 1925 | |
No. 5 of 1933 | |
Local Government (Temporary Provisions) (Amendment) Act, 1924 | No. 13 of 1924 |
Number 44 of 1935.
CORK FEVER HOSPITAL ACT, 1935.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Cork Fever Hospital Act, 1935.
Definitions.
2.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);
the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);
the expression “the Corporation” means the Lord Mayor, Aldermen, and Burgesses of Cork;
the expression “the city council” means the council of the county borough of Cork;
the expression “the county health district” means the South Cork county health district;
the expression “the board of health” means the South Cork board of public health;
the expression “the joint district” means the area composed of the county health district and the urban districts which, with the the county health district, form a joint district within the meaning of the Act of 1927;
the expression “the existing fever hospital” means the Cork Fever Hospital and House of Recovery;
the expression “the existing committee” means the joint committee of the existing fever hospital;
the expression “the body corporate” means the body corporate established under the Hospitals (Ireland) Act, 1818, and known as the President and Assistants of the Fever Hospital for Cork;
the expression “local financial year” means a period of twelve months ending on the 31st day of March.
Local inquiries.
3.—(1) The Minister may, before exercising or performing any power or duty conferred or imposed on him by this Act, cause a local inquiry to be held into the matter which is the subject of the exercise of such power or the performance of such duty.
(2) Sub-articles (1) and (3) of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every local inquiry held under this section.
Expenses of the Minister.
4.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II.
Commencement of Part III of this Act.
Submission by the Corporation of scheme for establishment of new fever hospital in or near Cork city.
5.—(1) The Corporation may, if they think fit, prepare and submit to the Minister a scheme (in this Act referred to as the scheme) for the erection, and establishment of a new fever hospital (including accommodation for the staff thereof) in or near the city of Cork.
(2) The scheme shall—
(a) specify the proposed site of the hospital,
(b) incorporate the plans and specifications of the proposed hospital (including accommodation for the staff thereof), and
(c) state the estimated cost of carrying out the scheme.
(3) The Minister may, on receipt of the scheme, either, approve of the scheme without modification or approve of the scheme with such modifications as he shall think fit, or refuse to approve of the scheme.
(4) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929) the preparation of the scheme under this section shall be a reserved function.
(5) Any expenses incurred by the Corporation under this section shall, in case Part III of this Act does not come into operation, be raised and defrayed by the Corporation in like manner in which expenses incurred by the Corporation in the execution of the Public Health Acts, 1878 to 1931, are raised and defrayed.
Commencement of Part III of this Act.
6.—(1) If within two years after the passing of this Act—
(a) the scheme is approved of by the Minister under the immediately preceding section, and
(b) there is made, under section 25 of the Public Hospitals Act, 1933 (No. 18 of 1933), to the Corporation for the benefit of the hospital to which the scheme relates a grant out of the Hospitals Trust Fund of an amount not less than one half of the estimated cost, as stated in the scheme, as so approved, of carrying out the scheme, and for all or any of the purposes mentioned in paragraphs (a) (b) (c) and (d) of sub-section (7) of the said section 25,
the Minister shall by order declare that Part III of this Act shall come into operation as from a date specified in such order, and upon such order being made the said Part III shall come into operation on the date so specified.
(2) Part III of this Act shall not come into operation save by virtue of an order made under the immediately preceding sub-section.
PART III.
The Cork Fever Hospital.
Existing committee's contribution.
7.—(1) The existing committee shall immediately upon the commencement of this Part of this Act pay to the Corporation any moneys paid to them under the Public Charitable Hospitals Acts, 1930 to 1932, and any accumulations on such moneys, less any part thereof actually expended before the date of the passing of this Act and any part thereof expended with the approval of the Minister after the date of the passing of this Act, and before the commencement of this Part of this Act, and the moneys required by this sub-section to be paid by the existing committee to the Corporation are in the subsequent provisions of this Act referred to as “the existing committee's contribution.”
(2) The existing committee's contribution shall be a debt due by the existing committee to the Corporation and may be recovered by the Corporation as a simple contract debt.
(3) The existing committee's contribution shall be applied by the Corporation for the purposes of making payments authorised by this Act to be made thereout and for no other purposes.
(4) So much of the existing committee's contribution as is not for the time being required to make payments authorised by this Act to be made thereout shall be invested by the Corporation in securities approved by the Minister, and any income arising from any such investments shall be added to and deemed for the purposes of this Part of this Act to form part of the existing committee's contribution.
Obligation of the Corporation to establish a new fever hospital.
8.—(1) Within such period as the Minister may fix the Corporation shall erect and establish a hospital for the treatment of patients suffering from infectious diseases to be known as the Cork Fever Hospital (in this Act referred to as the new fever hospital) in accordance with the scheme, as approved by the Minister, with such modifications, if any, as the Minister may on the application of the Corporation, from time to time sanction, and shall provide all necessary equipment for such hospital.
(2) For the purposes of establishing the new fever hospital the Corporation shall have the same powers of acquiring land as they have for the purposes of the Public Health Acts, 1878 to 1931, and those Acts, as amended by section 68 of the Act of 1925, shall apply and have effect accordingly with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, maybe published in any month, and that the notices mentioned in the said sub-section shall be served in the succeeding month.
(3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929), the making of an application for a modification of the scheme under this section shall be a reserved function.
(4) In this section the word “land” includes any easement or right in to or over land or water.
Expenses of existing committee.
9.—The expenditure incurred or to be incurred by the existing committee in the maintenance and management of the existing fever hospital shall not in any local financial year or portion of a year during the period between the commencement of this Part of this Act and the appointed day exceed such amount as may be agreed upon by the existing committee and the Corporation or in default of agreement as may be fixed by the Minister, and such expenses shall, in so far as the funds of the existing committee are insufficient to defray them, be defrayed by the Corporation.
Expenses of the Corporation in relation to the scheme.
10.—All expenses incurred by the Corporation in the preparation of the scheme and under the two immediately preceding sections shall in the first instance be defrayed out of the existing committee's contribution, and to the extent to which the existing committee's contribution is insufficient to defray those expenses, be defrayed out of the grant made for the benefit of the new fever hospital to the Corporation out of the Hospitals Trust Fund, and if the said contribution and grant are insufficient to defray those expenses, the following provisions shall have effect, that is to say:—
(a) the said insufficiency shall be raised and defrayed by the Corporation in the like manner in which expenses incurred by the Corporation in the execution of the Public Health Acts, 1878 to 1931, are raised and defrayed, and for this purpose the Corporation may borrow in like manner and subject to the like provisions as they may borrow for the purposes of the said Acts, and
(b) a sum equal to the said insufficiency shall, at such time or times and in such manner and with such interest thereon as the Minister may from time to time direct, be paid by the Cork Fever Hospital Board, established under this Part of this Act, to the Corporation.
The appointed day.
11.—(1) Not less than six months before the date on which the Corporation anticipate that the new fever hospital will be completed and ready for the reception of patients therein, the Corporation shall communicate to the Minister such date and the Minister shall thereupon fix the date (which shall not be earlier than the date so communicated to him) on which the hospital is to be established.
(2) References in this Part of this Act to the appointed day shall be construed as references to the day fixed by order of the Minister under this section.
(3) For the purposes of the Cork City Management Act, 1929 (No. 1 of 1929), the duty imposed by this section on the Corporation shall be a reserved function.
“Election year.”
12.—Every year which is declared by order of the Minister to be an election year for the purposes of this Part of this Act shall be an election year for the said purposes.
Constitution of the Cork Fever Hospital Board.
13.—(1) There shall be established on the appointed day a board (in this Act referred to as the Board) to be styled and known as the Cork Fever Hospital Board to fulfil the functions assigned to it by this Part of this Act.
(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold land.
(3) The Board shall consist of—
(a) members (in this Act referred to as city members) elected, in accordance with this Act, by the city council,
(b) members (in this Act referred to as board of health members), elected, in accordance with this Act, by the board of health, and
(c) subject to the provisions of this section, members (in this Act referred to as extraordinary members) elected in accordance with this Act by the existing committee.
(4) Until the death, resignation or disqualification of the first extraordinary member to die, resign, or become disqualified after the appointed day the Board shall consist of—
(a) five city members,
(b) five, board of health members, and
(c) five extraordinary members.
(5) Upon the death, resignation or disqualification of each extraordinary member after the appointed day, the following provisions shall have effect—
(a) if such member is the first extraordinary member to die, resign, or become disqualified, the Board shall consist of—
(i) six city members,
(ii) five board of health members, and
(iii) four extraordinary members;
(b) if such member is the second extraordinary member to die, resign, or become disqualified, the Board shall consist of—
(i) six city members,
(ii) six board of health members, and
(iii) three extraordinary members;
(c) if such member is the third extraordinary member to die, resign, or become disqualified the Board shall consist of—
(i) seven city members,
(ii) six board of health members, and
(iii) two extraordinary members;
(d) if such member is the fourth extraordinary member to die, resign, or become disqualified, the Board shall consist of—
(i) seven city members,
(ii) seven board of health members, and
(iii) one extraordinary member;
(e) if such member is the fifth extraordinary member to die, resign, or become disqualified, the Board shall thereafter consist of—
(i) eight city members,
and
(ii) seven board of health members.
Qualification for city members and board of health members.
14.—(1) A person shall not be qualified to be elected a city member unless at the date of his election he is a member of the city council.
(2) A person shall not be qualified to be elected a board of health member unless at the date of his election he is a member of the board of health.
Election and term of office of city members.
15.—(1) The first election of city members shall take place on such day, not being more than three months nor less than one month before the appointed day, as the Minister may appoint for the purpose, and the city council shall at the said election elect five city members.
(2) The city council shall in every election year elect at the quarterly meeting of the city council held next after the 22nd day of June in that year such number of city members as the Board for the time being includes, and such election shall be included in the business to be transacted at every such quarterly meeting.
(3) The term of office of every city member elected at the first election of city members shall commence on the appointed day.
(4) The term of office of every city member (other than a city member elected at the first election of city members or a person elected to fill a casual vacancy amongst the city members) shall commence on the day next following the day of the quarterly meeting of the city council at which he was elected.
(5) Every city member (other than a person elected to fill a casual vacancy amongst the city members) shall unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next quarterly meeting of the city council at which the city council is required by this section to elect city members.
Election and term of office of board of health members.
16.—(1) The first election of board of health members shall take place on such day, not being more than three months nor less than one month before the appointed day, as the Minister may appoint for the purpose, and the board of health shall at the said election elect five board of health members.
(2) The board of health shall in every election year elect at the annual meeting of the board of health held in that year such number of board of health members as the Board for the time being includes, and such election shall be included in the business to be transacted at every such annual meeting of the board of health.
(3) The term of office of every board of health member elected at the first election of board of health members shall commence on the appointed day.
(4) The term of office of every board of health member (other than a board of health member elected at the first election of board of health members or a person elected to fill a casual vacancy amongst the board of health members) shall commence on the day next following the day of the annual meeting of the board of health at which he was elected.
(5) Every board of health member (other than a person elected to fill a casual vacancy amongst the board of health members) shall, unless he sooner dies, resigns or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this section to elect board of health members.
Election and term of office of extraordinary members.
17.—(1) At a meeting of the existing committee to be held on such day, not being more than three months nor less than one month before the appointed day, as the Minister shall appoint for the purpose, the existing committee shall from amongst the members of the body corporate elect five extraordinary members.
(2) The term of office of every extraordinary member shall commence on the appointed day.
(3) Every extraordinary member shall hold office until his death, resignation, or disqualification, whichever first happens.
(4) If any person elected to be an extraordinary member dies or resigns before the appointed day, the Minister shall nominate a person who is a member of the body corporate before the appointed day to be an extraordinary member, and the person so nominated shall hold office from the appointed day or the date of his nomination (whichever is the later) until his death, resignation, or disqualification, whichever first happens.
Resignation and disqualification of members of the Board.
18.—(1) A member of the Board may at any time resign his office by letter sent to the Board and every such resignation shall take effect at the commencement of the meeting of the Board held next after the sending of such letter.
(2) Whenever a city member ceases to be a member of the city council he shall be disqualified for continuing to be and shall forthwith cease to be a city member.
(3) Whenever a board of health member ceases to be a member of the board of health he shall be disqualified for continuing to be and shall forthwith cease to be a board of health member.
(4) Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by any subsequent enactment, shall apply to the Board and the members thereof in like manner as it applies to a county council and the members thereof.
Casual vacancies amongst city members and board of health members.
19.—(1) Whenever a casual vacancy occurs amongst the city members the city council shall, as soon as conveniently may be, elect a person qualified to be elected a city member to fill such vacancy.
(2) Whenever a casual vacancy occurs amongst the board of health members, the board of health shall, as soon as conveniently may be, elect a person qualified to be elected a board of health member to fill such vacancy.
(3) A person elected to fill a casual vacancy amongst the city members shall, unless he sooner dies, resigns or becomes disqualified hold office until the day next following the day of the next quarterly meeting of the city council at which the city council are required by the Act to elect city members.
(4) A person elected to fill a casual vacancy amongst the board of health members shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the day next following the day of the next annual meeting of the board of health at which the board of health are required by this Act to elect board of health members.
(5) For the purposes of this section—
(a) a casual vacancy shall be deemed to have happened amongst the city members whenever a city member dies, resigns or becomes disqualified or whenever the number of city members is, under the provisions of this Act relating to the constitution of the Cork Fever Hospital Board, increased by one,
(b) a casual vacancy shall be deemed to have happened amongst the board of health members whenever a board of health member dies, resigns or becomes disqualified or whenever the number of board of health members is, under the provisions of this Act relating to the constitution of the Cork Fever Hospital Board, increased by one.
Meetings of the Board.
20.—(1) The Board shall hold its first meeting on the appointed day at such time and in such place as the Minister may appoint.
(2) The Board shall in every year commencing after the appointed day hold a meeting (in this Act referred to as an annual meeting) on such date as the Minister may appoint.
(3) The Board shall hold at least one meeting in every month.
(4) Subject to the provisions of this section, the Board shall hold such and so many meetings as may be necessary for the due execution of its duties.
Chairman and Vice-Chairman.
21.—(1) The Board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the Board and another of its members to be vice-chairman of the Board.
(2) Every person elected to be chairman or vice-chairman of the Board shall, unless he sooner dies, resigns or becomes disqualified, hold office as chairman or vice-chairman until his successor is elected.
(3) Whenever the office of chairman or vice-chairman becomes vacant through the death, resignation, or disqualification of the chairman or vice-chairman, the Board shall at the next meeting after such vacancy has taken place elect one of its members to be chairman or vice-chairman.
(4) The chairman or vice-chairman of the Board may at any time resign his office as chairman or vice-chairman by letter addressed to the Board, and every such resignation, shall take effect at the commencement of the meeting of the Board held next after the receipt of such resignation by the Board.
(5) Whenever the chairman or the vice-chairman of the Board ceases during his term of office as such chairman or vice-chairman to be a member of the Board he shall be disqualified from being and shall forthwith cease to be such chairman or vice-chairman.
(6) Whenever at the election of chairman of the Board, there is an equality of votes for two or more persons, one of these persons shall be elected by lot.
Procedure at meetings.
22.—(1) The quorum for a meeting of the Board shall be three.
(2) At a meeting of the Board—
(a) the chairman of the Board shall, if he is present, be chairman of the meeting;
(b) if the chairman of the Board is not present or if the office of chairman is vacant, the vice-chairman of the Board shall, if he is present, be chairman of the meeting;
(c) if the chairman of the Board is not present or if the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.
(3) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in case of an equal division of votes the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman.
(4) The Board may act notwithstanding one or more vacancies amongst its members.
(5) The Minister may, by regulations made by him under this Act, regulate the procedure and business of the Board.
(6) Subject to the provisions of this Act and any regulations made thereunder, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.
Contracts by the Board.
23.—(1) The Board may make all such contracts as may be necessary for the purposes of its functions under this Part of this Act.
(2) Section 201 of the Public Health (Ireland) Act, 1878, shall apply in respect of contracts made by the Board under this section in like manner as if the Board were a sanitary authority and such contracts were contracts made under the said first mentioned Act.
Resident Medical Superintendent.
24.—(1) The Board shall appoint an officer to be called and known as the Resident Medical Superintendent of the Cork Fever Hospital (in this Act referred to as the Resident Medical Superintendent), and may, subject to the approval of the Minister, fix the duties to be performed by such officer.
(2) The Resident Medical Superintendent shall be responsible to the Board for the internal administration of the new fever hospital, and shall in the performance of his duties observe and carry out any directions given by the medical superintendent officer of health of the county borough of Cork.
(3) There shall be paid by the Board to the Resident Medical Superintendent such remuneration and allowances as the Minister may from time to time fix.
Officers of the Board.
25.—(1) The Board may, with the approval of the Minister, appoint such and so many officers, as the Board may from time to time think proper, to perform such duties as the Board may from time to time assign to them.
(2) The Board shall pay and make to every officer of the Board such remuneration and allowances as the Minister may from time to time fix or as the Board may from time to time, with the approval of the Minister, fix.
(3) The provisions of this section shall not apply in respect of the Resident Medical Superintendent.
Miscellaneous provisions in relation to officers of the Board.
26.—(1) The Board may, with the approval of the Minister, remove from office any officer of the Board.
(2) The Minister may at any time remove from office any officer of the Board.
(3) The Board shall be deemed to be a local authority within the meaning of the Local Authorities (Officers and Employees) Act, 1926 (No. 29 of 1926), and for that purpose the expression “the Minister” in that Act shall, in relation to the Board, mean the Minister for Local Government and Public Health.
(4) The Board shall be deemed to be a local body within the meaning of Part IV of the Act of 1925, as amended by the Act of 1927, and Part IV of the Act of 1925, so amended, shall apply to the Board and the officers of the Board accordingly.
(5) In the case of any officer of the existing committee who becomes by virtue of this Act an officer of the Board, the service of such officer under the existing committee shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this section, be reckoned as service as an officer of the Board.
(6) References in this section to an officer of the Board shall be construed as including references to an officer of the existing committee who is transferred to the Board under this Act.
(7) In this section the word “officer” includes the Resident Medical Superintendent.
(8) If any question arises under this Act whether a person who is or was in the service of the Board is or was an officer the question shall be referred to the Minister whose decision shall be final.
Application of certain enactments to the Board.
27.—(1) The Board shall be deemed, for the purposes of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925) and the Local Authorities (Mutual Assurance) Acts, 1926 and 1928, to be a local authority.
(2) The Board shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925, as amended by section 13 of the Act of 1927, and of sections 61, 62, and 70 of the Act of 1925, and of section 72 of the Act of 1925, as amended by subsequent enactments and the said sections 60 (as so amended), 61, 62, 70, and 72 (as so amended) shall apply to the Board and its members and officers accordingly.
(3) The Board shall be deemed to be a local authority within the meaning of sections 4 and 5 of the Local Government Act, 1933 (No. 5 of 1933), and the said sections 4 and 5 shall apply to the Board and its officers accordingly.
Transfer of new fever hospital to the Board.
28.—The new fever hospital and the equipment thereof shall on the appointed day and without any conveyance or assignment become and be vested in the Board for all the estate, term or interest for which the same was immediately before the appointed day vested in the Corporation.
Extension, etc., of new fever hospital.
29.—(1) The Board may, with the consent of the Minister, extend, alter, enlarge or otherwise improve the new fever hospital.
(2) The Board may, with the approval of the Minister, purchase or take on lease any land for the purposes of this section.
(3) For the purposes of the acquisition of land by the Board, sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Act of 1925, shall apply as if herein enacted and made applicable to the Board with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the succeeding month.
(4) In this section the word “land” includes any easement or right in to or over land or water.
Acceptance of endowments.
30.—The Board shall have power to accept any real or personal property as an endowment generally or upon trust for any purposes connected with the new fever hospital.
Sale of surplus land.
31.—(1) The Board may, with the consent of the Minister, sell or let any land which is vested in it and which is not required for the purposes of the new fever hospital.
(2) Any moneys received by the Board on a sale or letting under this section shall be carried to the common fund of the Board.
Management and control of the new fever hospital.
32.—(1) As on and from the appointed day the Board shall manage and control the new fever hospital and, subject to the provisions of this Act (including rules made under this section), do all such things as may be necessary for that purpose.
(2) The Board may from time to time, with the approval of the Minister, make all necessary rules for the conduct and management of the new fever hospital and the patients therein.
Admission of patients.
33.—(1) Subject to the provisions of this section, the Board may, from time to time, with the approval of the Minister, make rules for the admission of patients, including patients admitted on special terms as to payment and accommodation.
(2) The Board shall, so far as accommodation permits, receive into the new fever hospital—
(a) any patients (in this Act referred to as city patients) suffering from infectious diseases sent to the new fever hospital on the order of—
(i) the medical superintendent officer of health of the county borough of Cork, or
(ii) the assistant medical officer of health of the county borough of Cork, or
(iii) any medical officer of health of a dispensary district in the county borough of Cork;
(b) any patients (in this Act referred to as joint district patients) sent to the new fever hospital on the order of—
(i) the county medical officer of health for the county of Cork acting in his capacity as medical superintendent officer of health for the county health district or any urban district comprised in the joint district,
(ii) the assistant county medical officer of health for the county health district,
(iii) any medical officer of health of a dispensary district in the joint district.
(3) The Board may, with the approval of the Minister, enter into an agreement with any sanitary authority (other than the Corporation, the board of health, or the councils of the urban districts comprised in the joint district) for the reception into the new fever hospital upon such terms as may be agreed upon of inhabitants of the sanitary district of such authority who are suffering from infectious diseases.
Right of entry to new fever hospital, etc., of certain medical officers of health.
34.—The medical superintendent officer of health of the county borough of Cork and the county medical officer of health for the county of Cork shall, respectively, be entitled, at all reasonable times, to enter the new fever hospital and to inspect the same and the arrangements made for the care of the patients therein and to inspect and examine, respectively, the city patients and joint district patients therein, and each of the said officers shall also be entitled, in consultation with the Resident Medical Superintendent, to engage therein in research work in relation to the prevention and treatment of infectious diseases.
Saving of disqualification of patients.
35.—A person shall not be disqualified for being elected or being a member of the Board or any other public body by reason of his or any member of his family being admitted into and maintained in the new fever hospital.
Expenses of the Board.
36.—(1) All expenses incurred by the Board under this Act shall in the first instance be defrayed by the Board out of a fund to be called the common fund, and all sums received or recovered by the Board under this Act shall be paid into the common fund and carried to the appropriate account thereof.
(2) In the common fund a separate account shall be kept for the Corporation in respect of city patients and for the board of health in respect of joint district patients.
(3) The expenses incurred under this Act by the Board in each local financial year shall be defrayed by the Corporation and the board of health respectively in the proportion which the total number of in-patient days of city patients in such year bears to the total number of in-patient days of joint district patients in such year.
(4) The money required to meet the expenses of the Board under this Act in respect of a local financial year shall be supplied by the Corporation and the board of health upon the prescribed demand of the Board, and the money so demanded shall be a debt due by the Corporation or the board of health (as the case may be).
(5) A demand under this section in respect of any local financial year upon the Corporation and the board of health for payment of the expenses of the Board shall be a demand for the estimated proportion, payable by the Corporation and the board of health respectively, of the estimated expenses of the Board in respect of such financial year.
(6) As soon as may be after the expiration of each local financial year, the Board shall supply to the Corporation and the board of health a statement showing the actual amounts properly chargeable in respect of such year to the Corporation and the board of health under sub-section (3) of this section.
(7) In this section the expression “in-patient days” in relation to any local financial year means the number of days in such year during which a patient has been resident in the new fever hospital, the day of admission and the day of discharge being reckoned as one day.
Raising of expenses of the Corporation and the board of health.
37.—(1) All expenses payable by the Corporation under this Part of this Act shall be raised and defrayed by the Corporation in the like manner in which the expenses incurred by the city council in the execution of the Public Health Acts, 1878 to 1931, are raised and defrayed.
(2) All expenses payable by the board of health under this Part of this Act shall be raised equally over the whole of the joint district by means of the poor rate.
Borrowing by the Board.
38.—(1) The Board may borrow for the purposes of this Part of this Act in like manner and subject to the like provisions as if it were a sanitary authority under the Public Health Acts, 1878 to 1931.
(2) The Board shall have the powers of borrowing conferred on a local authority by section 3 of the Local Authorities (Financial Provisions) Act, 1921, as amended by section 3 of the Local Government (Temporary Provisions) (Amendment) Act, 1924 (No. 13 of 1924).
Accounts of the Board.
39.—(1) The Board shall cause to be kept in such form as the Minister may direct the accounts of the receipts and payments of the Board.
(2) The accounts of the Board shall be made up annually to the end of each local financial year.
(3) The accounts of the Board shall be audited by an auditor appointed by the Minister and the following; enactments, that is to say, sections 12 to 15 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, and sections 20 and 21 of the Local Government (Ireland) Act, 1902, as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of the Board in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.
(4) The Minister shall from time to time as occasion requires ascertain and determine what proportion of the salary paid to the auditor appointed to audit the accounts of the Board shall be charged in respect of such audit, and the amount of such proportion of such salary shall be paid by the Board to the Minister.
Dissolution of the body corporate.
40.—Upon the appointed day the body corporate shall by virtue of this section be dissolved and cease to exist and the provisions of the Hospitals (Ireland) Act, 1818, shall cease to apply in respect of the county borough of Cork.
Transfer of property of the body corporate and existing committee.
41.—(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for the body corporate or the existing committee and all rights, powers, and privileges relating to or connected with any such property shall, on the 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 appointed day was vested in or belonged to or was held in trust for the body corporate or the existing committee.
(2) All property transferred by this section which, immediately before the 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 body corporate or the existing committee shall, upon the request of the Board made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of the Board.
(3) On and after the appointed day, every chose-in-action transferred by this section from the body corporate or the existing committee to the Board 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) All moneys transferred to the Board by this section and all moneys arising out of the sale of any property transferred to the Board by this section and all income arising from such property shall be carried to the common fund of the Board.
Transfer of liabilities of the body corporate and the existing committee.
42.—Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by the body corporate or the existing committee shall, on the 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.
Transfer of officers of existing committee.
43.—(1) Every person who on the day before the appointed day is a paid officer of the existing committee shall on the appointed day and, subject to the provisions of this section, be transferred to and be and become an officer of the Board.
(2) Every person transferred by this section shall, subject to the provisions of this section, perform in the employment of the Board duties analogous to those performed by him in the employment of the existing committee before his transfer.
(3) Every person transferred by this section shall not 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 committee.
(4) The Board may, with the approval of the Minister, redistribute or rearrange the duties to be performed by officers transferred to it by this section, and every such officer shall be bound to perform the duties allotted to him on any such redistribution or rearrangement, and no such redistribution or rearrangement shall be deemed to be a removal from or abolition of office for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act.
(5) The Board may, with the sanction of the Minister, and shall when so directed by the Minister, abolish the office of any officer transferred to it by this section, and every officer whose office is so abolished shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, be deemed to have been removed from office by the Board for a cause other than misconduct or incapacity.
(6) For the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, an officer transferred by this section whose office is abolished under the immediately preceding sub-section shall, notwithstanding that he does not devote his whole time to the service of the Board, be deemed to be a pensionable officer of the Board.
(7) Until the existing fever hospital is closed under this Act any person transferred by this section shall, if so required by the Board, remain at the existing fever hospital and perform such duties there as the Board may require.
(8) If any question arises under sub-section (3) of this section in relation to any person transferred by this section such question shall be referred to the Minister whose decision shall be final.
Preservation of existing contracts of service with existing committee.
44.—Every contract of service, express or implied, which is in force immediately before the appointed day between the existing committee and any person not being an officer of the existing committee, shall continue in force on and after the appointed day, but shall be construed and have effect as if the Board were substituted therein for the existing committee and every such contract shall be enforceable by or against the Board accordingly.
Closing of existing fever hospital.
45.—(1) On and after the appointed day and until the existing fever hospital is closed in accordance with this section, the Board shall manage the existing fever hospital.
(2) On and after the appointed day no patients shall be received into the existing fever hospital, and the Board shall as soon as may be close the existing fever hospital and for that purpose may remove patients from the existing fever hospital to the new fever hospital.
(3) For the purposes of the provisions of this Part of this Act relating to expenses of the Board, the following provisions shall have effect, that is to say:—
(a) every patient who is resident in the existing fever hospital on the appointed day or who is removed from the existing fever hospital to the new fever hospital under this section shall, if he was, at the date of his admission to the existing fever hospital, resident in the county borough of Cork, be deemed to be a, city patient or, if he was, at the date of his admission to the existing fever hospital, resident in the joint district, be deemed to be a joint district patient;
(b) every person who is so deemed to be a city patient or a joint district patient shall on and after the appointed day while resident in the existing fever hospital be deemed to be resident in the new fever hospital.
Dissolution of the existing committee.
46.—On the appointed day the existing committee shall be dissolved.
Regulations.
47.—The Minister may by order make regulations for all or any of the following purposes—
(a) for regulating the communications by the Board to the Corporation and the board of health of the respective amounts to be paid by the Corporation and the board of health in each local financial year or any part thereof;
(b) for regulating the estimates to be made by the Board of their receipts and expenditure in each local financial year;
(c) for prescribing any matter or thing referred to in this Part of this Act as prescribed;
(d) generally for the purpose of carrying this Part of this Act into effect.