Number 9 of 1960.
HEALTH AUTHORITIES ACT, 1960.
ARRANGEMENT OF SECTIONS
Rules in relation to Membership and Meetings of Health Authorities established by this Act
Sections substituted for Sections 9 and 10 of City and County Management (Amendment) Act, 1955
Provisions consequential on the Dissolution of certain Boards
Reserved Property
Acts Referred to | |
1939, No. 27. | |
1957, No. 28. | |
1930, No. 9. | |
1934, No. 14. | |
1944, No. 10. | |
1950, No. 27. | |
1946, No. 2. | |
1952, No. 25. | |
1925, No. 20. | |
1927, No. 23. | |
1936, No. 55. | |
1939, No. 14. | |
1926, No. 39. | |
Local Authorities (Officers and Employees) (Amendment) Act, 1940 | 1940, No. 15. |
1941, No. 23. | |
1940, No. 12. | |
1955, No. 12. | |
1955, No. 13. | |
1947, No. 47. | |
1936, No. 21. | |
1946, No. 24. | |
1947, No. 28. | |
1945, No. 19. | |
1953, No. 26. | |
Waterford Infirmary Act, 1896 | 1896, c. 37. |
Local Government Act, 1898 | 1898, c. xxii. |
1945, No. 4. | |
1960, No. 4. | |
1951, No. 5. | |
Number 9 of 1960.
HEALTH AUTHORITIES ACT, 1960.
Interpretation.
1.—(1) In this Act—
“the Cork Corporation” means the Lord Mayor, Aldermen and Burgesses of Cork;
“the Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
“the Dún Laoghaire Corporation” means the Corporation of Dún Laoghaire;
“functions” includes powers and duties;
“the Limerick Corporation” means the Mayor, Aldermen and Burgesses of Limerick;
“the Minister” means the Minister for Health;
“sanitary authority” has the same meaning as in the Local Government (Sanitary Services) Acts, 1878 to 1952;
“the Waterford Corporation” means the Mayor, Aldermen and Burgesses of Waterford.
(2) A reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.
(3) A reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
Dublin Health Authority.
2.—(1) There is hereby established a body which shall be known as the Dublin Health Authority.
(2) The Dublin Health Authority shall consist of nine members appointed by the council of the county of Dublin, fifteen members appointed by Dublin Corporation and three members appointed by the Dún Laoghaire Corporation.
(3) The Minister may by regulations substitute different numbers for all or any of the numbers specified in subsection (2) of this section and, while any such regulations are in force, that subsection shall have effect accordingly.
(4) The functional area of the Dublin Health Authority shall consist of the county borough of Dublin and the administrative county of Dublin, together with, with respect to functions related to the operation of services under the Mental Treatment Acts, 1945 to 1958, the administrative county of Wicklow.
(5) (a) Three members of the council of the county of Wicklow shall be appointed by resolution by that council for the purposes of this subsection.
(b) The persons appointed pursuant to this subsection shall be entitled to be present at meetings of the Dublin Health Authority and, as respects business at any such meeting relating to the Mental Treatment Acts, 1945 to 1958, to take part in discussions and to vote in like manner as if they were members of the Dublin Health Authority.
(c) The following provisions shall have effect for the purpose of this subsection:
(i) the appointment of persons shall be carried out, in the case of the first appointment, at the meeting of the council of the county of Wicklow held next after the establishment of the Dublin Health Authority, and thereafter at the annual meeting of the council held next after every quinquennial election of members of the council;
(ii) every person appointed shall hold office as a person appointed for the purposes of this subsection (unless he sooner dies, resigns or becomes disqualified) until the day after his successor has been appointed;
(iii) where a person appointed ceases to be, or is disqualified for being, a member of the council, he shall also cease to be, or be disqualified for being, appointed for the purposes of this subsection;
(iv) a person appointed may resign by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to the secretary;
(v) a casual vacancy occurring among the persons appointed shall be filled by the council within one month after the occurrence of the vacancy or within such further time as the Minister may allow.
(6) (a) Subsection (5) of this section shall cease to have effect on its being so provided by order made by the Minister.
(b) An order under this subsection shall not be made save upon request made by the council of the county of Wicklow by resolution.
(7) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
Cork Health Authority.
3.—(1) There is hereby established a body which shall be known as the Cork Health Authority.
(2) The Cork Health Authority shall consist of twenty-eight members appointed by the council of the county of Cork and twelve members appointed by the Cork Corporation.
(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.
(4) The functional area of the Cork Health Authority shall consist of the county borough of Cork and the administrative county of Cork.
(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
Limerick Health Authority.
4.—(1) There is hereby established a body which shall be known as the Limerick Health Authority.
(2) The Limerick Health Authority shall consist of fifteen members appointed by the council of the county of Limerick and eight members appointed by the Limerick Corporation.
(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.
(4) The functional area of the Limerick Health Authority shall consist of the county borough of Limerick and the administrative county of Limerick.
(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
Waterford Health Authority.
5.—(1) There is hereby established a body which shall be known as the Waterford Health Authority.
(2) The Waterford Health Authority shall consist of twelve members appointed by the council of the county of Waterford and seven members appointed by the Waterford Corporation.
(3) The Minister may by regulations substitute a different number for either of the numbers specified in subsection (2) of this section, or substitute different numbers for both of those numbers, and, while any such regulations are in force, that subsection shall have effect accordingly.
(4) The functional area of the Waterford Health Authority shall consist of the county borough of Waterford and the administrative county of Waterford.
(5) Where it is proposed to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
General provisions relating to authority.
6.—The following provisions shall have effect in relation to a health authority established by this Act:
(a) the authority shall be a body corporate with perpetual succession;
(b) the authority may sue and be sued in their corporate name and may hold and dispose of land;
(c) the authority shall provide and have a common seal and all courts of justice shall take judicial notice of such seal;
(d) notwithstanding anything contained in any other Act, the members of the authority who are appointed by the council of a county shall be members of that council and the members of the authority who are appointed by the corporation of a county or other borough shall be members of the city or borough council for that borough;
(e) the Rules set out in the First Schedule to this Act shall apply in relation to the authority.
Performance of certain functions.
7.—(1) A health authority established by this Act shall perform all the functions which, immediately before such establishment were performed by the relevant local authorities under, in relation to the operation of services provided under, or in connection with the administration of, the following enactments:
(a) the Health Acts, 1947 to 1958,
(b) the Mental Treatment Acts, 1945 to 1958,
(c) the Public Assistance Act, 1939,
(d) the Births and Deaths Registration Acts, 1863 to 1952,
(e) the Notification of Births Acts, 1907 and 1915,
(f) the Acts relating to the registration of marriages,
(g) the Sale of Food and Drugs Acts, 1875 to 1936,
(h) Part I of the Children Act, 1908, and sections 2 and 3 of the Children (Amendment) Act, 1957,
(i) the Rats and Mice (Destruction) Act, 1919,
(j) the Blind Persons Act, 1920,
(k) the State Lands (Workhouses) Act, 1930,
(m) the Midwives Act, 1944, as amended by the Nurses Act, 1950 and section 60 of the Nurses Act, 1950,
(n) section 3 of the Housing (Amendment) Act, 1946,
(o) the Adoption Act, 1952.
(2) In subsection (1) of this section “the relevant local authorities” means—
(a) with respect to the Dublin Health Authority—the council of the county of Dublin, the Dublin Corporation, the Dublin Board of Assistance, the Rathdown Board of Assistance, the Balrothery Board of Assistance and the Grangegorman Mental Hospital Board;
(b) with respect to the Cork Health Authority—the council of the county of Cork, the Cork Corporation, the Board of Public Assistance for the South Cork Public Assistance District, the Cork Sanatoria Board and the Cork Mental Hospital Board;
(c) with respect to the Limerick Health Authority—the council of the county of Limerick, the Limerick Corporation and the Limerick Mental Hospital Board;
(d) with respect to the Waterford Health Authority—the council of the county of Waterford, the Waterford Corporation, the Board of Public Assistance for the Waterford Public Assistance District and the Waterford Mental Hospital Board.
(3) Where, with respect to a public general infirmary for a county and a county borough included in the functional area of a health authority established by this Act, there existed, immediately before the establishment of the health authority, any function under statute of a local authority to make any payment to the infirmary, that function shall, on such establishment, become by virtue of this subsection a function of the health authority.
(4) Notwithstanding anything contained in the Public Assistance Act, 1939, the functional area of a health authority established by this Act shall, on such establishment, become a public assistance district for the purposes of that Act and the health authority shall be the public assistance authority for the public assistance district.
Application of certain Acts.
8.—(1) A health authority established by this Act shall be a joint body within the meaning and for the purposes of the County Management Acts, 1940 to 1955.
(2) A health authority established by this Act shall be a local authority within the meaning and for the purposes of—
(a) the Local Government Acts, 1925 to 1959,
(c) the Local Authorities (Mutual Assurance) Acts, 1926 to 1935,
(d) the Local Authorities (Officers and Employees) Acts, 1926 and 1940,
(e) the Juries Act, 1927,
(f) the Local Authorities (Miscellaneous Provisions) Act, 1936,
(h) the Local Government (Superannuation) Act, 1948, and the Local Government (Superannuation) Act, 1956.
(3) The Minister shall perform—
(a) ministerial functions under the Local Authorities (Officers and Employees) Act, 1926 (except section 12), the Local Authorities (Officers and Employees) (Amendment) Act, 1940, and the Local Government Acts, 1925 to 1959, in relation to the following offices and employments and holders thereof, that is to say, offices and employments under a health authority established by this Act other than those in respect of which ministerial functions under the said Acts are for the time being vested in the Minister for Social Welfare, and
(b) ministerial functions under Part IV of the Local Government Act, 1941, in relation to a health authority established by this Act,
but ministerial functions with respect to the remuneration of the Chief Executive Officer of the Dublin Health Authority shall not be performed by the Minister save after consultation with the Minister for Local Government.
Amendment of meaning of “health authority”.
9.—The expression “health authority” in any Act passed before the commencement of this section, or in any order, regulation or other instrument made before the commencement of this section in exercise of a power conferred by any such Act, shall—
(a) include a health authority established by this Act, and
(b) not include the council of a county or corporation of a county borough who appoint members of a health authority established by this Act.
Local committees.
10.—(1) (a) Where a local authority (whether the council of a county or the corporation of a county or other borough) who appoint members of a health authority established by this Act by resolution so decide, there shall stand established a local committee of the health authority for, in case the local authority are the council of the county of Dublin, the County Health District of Dublin or, in any other case, the functional area of the local authority, and the members of the committee shall consist of the members of the health authority appointed by the local authority and such other persons as the local authority may appoint from time to time (being, notwithstanding anything contained in any other Act, members of the council of the county or the city or borough council for the borough).
(b) Where the council of a county who appoint members of a health authority established by this Act by resolution so decide, there shall stand established a local committee of the health authority for a specified part, in case the council are the council of the county of Dublin, of the County Health District of Dublin or, in any other case, of the county, and the members of the committee shall consist of such of the members of the health authority appointed by the council as are representative of that part of the County Health District of Dublin or the county and such other persons (being, notwithstanding anything contained in any other Act, members of the council and being representative of that part of the County Health District of Dublin or the county) as the council may from time to time appoint.
(c) Not more than three committees shall stand established under this subsection at the same time at the instance of the same council of a county.
(2) (a) In relation to the area for which a committee of a health authority under this section was established and as respects such services as, in the case of the committee, are specified by regulations made by the Minister for the purpose of this subsection, there shall stand delegated to the committee the functions of the members of the health authority under section 27 of the County Management Act, 1940, and section 2 of the City and County Management (Amendment) Act, 1955, and, where appropriate for the purposes of the said delegation, any reference in those sections to an elective body shall be construed as including a reference to the committee.
(b) The fact that functions of a health authority stand delegated under the foregoing paragraph shall not prevent the health authority from themselves exercising those functions.
(3) The quorum, procedure and place of meeting of a committee established under this section shall be such as may be appointed by rules to be made by the local authority who appointed the committee.
Expenses generally.
11.—(1) The expenses (other than those incurred under the Public Assistance Act, 1939) of the Dublin Health Authority shall be contributed as follows:
(a) for the local financial year in which the Dublin Health Authority are established—by the Dublin Corporation and the councils of the counties of Dublin and Wicklow in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the Dublin Health Authority, in such proportions as may be determined by a person appointed for the purpose by the Minister;
(b) for subsequent local financial years—by the Dublin Corporation, the D[html]n Laoghaire Corporation and the councils of the counties of Dublin and Wicklow in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the Dublin Health Authority, in such proportions as may be determined by a person appointed for the purpose by the Minister.
(2) (a) For the local financial year in which the Dublin Health Authority are established—
(i) the Dublin Corporation shall supply to the Authority the moneys required to meet the expenses incurred by the Authority under the Public Assistance Act, 1939, in relation to persons in the county borough of Dublin, and
(ii) the council of the county of Dublin shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the county of Dublin.
(b) For subsequent local financial years—
(i) the Dublin Corporation shall supply to the Dublin Health Authority the moneys required to meet the expenses incurred by the Authority under the Public Assistance Act, 1939, in relation to persons in the county borough of Dublin,
(ii) the council of the county of Dublin shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the County Health District of Dublin, and
(iii) the Dún Laoghaire Corporation shall supply to the Authority the moneys required to meet the expenses so incurred in relation to persons in the borough of Dún Laoghaire.
(3) The expenses (other than those under the Public Assistance Act, 1939) of a health authority (other than the Dublin Health Authority) established by this Act shall be contributed, by the local authorities who appoint members of the health authority, in such proportions as those authorities may agree upon with the consent of the Minister or, failing such agreement being made within a period of six months (or such longer period as may be approved of by the Minister) after the day of the establishment of the health authority, in such proportions as may be determined by a person appointed for the purpose by the Minister.
(4) A person in making a determination under this section in relation to a health authority established by this Act shall have regard to—
(a) the cost in respect of each area concerned, during the five local financial years next preceding that in which the health authority became established, of the operation of services which have become transferred to the health authority,
(b) the principles which have previously governed the allocation of the expenses of joint bodies operating any of those services.
(5) An agreement or determination under this section shall have effect as from the establishment of the health authority to whom it relates.
(6) (a) An agreement under this section may be varied—
(i) by agreement between the authorities concerned made with the consent of the Minister, or
(ii) by a person whom the Minister, acting at the request of one of the authorities concerned, appoints to review the agreement.
(b) A determination under this section may be varied—
(i) by agreement between the authorities concerned made with the consent of the Minister, or
(ii) by a person whom the Minister, acting either at the request of one of the authorities concerned or on his own initiative, appoints to review the determination.
(7) A local authority who appoint members of a health authority established by this Act (other than the Dublin Health Authority) shall supply to the health authority the moneys required to meet the expenses incurred by the health authority under the Public Assistance Act, 1939, in relation to persons in the functional area of the local authority.
(8) A contribution by the council of the county of Dublin to the expenditure of the Dublin Health Authority in respect of any local financial year other than that in which the Authority are established shall be charged on the County Health District of Dublin.
(9) All moneys required by this section to be supplied by the council of a county or the corporation of a county or other borough shall be supplied on demand made by the relevant health authority in accordance with regulations made by the Minister for Local Government.
(10) Nothing in this section shall be taken as preventing a demand by the council of the county of Dublin being made on, and being met by, the Dún Laoghaire Corporation, at any time after the local financial year in which the Dublin Health Authority are established, to provide for adjustments in respect of expenditure, for that year or any earlier local financial year, on the services which are transferred to that authority.
(11) Without prejudice to, and subject to any adjustments arising from, the provisions of this Act in relation to the proportions in which the expenditure of health authorities established by this Act are to be met—
(a) a local authority who appoint members of a health authority established by this Act shall pay to that authority in the local financial year in which that authority are established—
(i) any moneys included in their estimates of expenses for services administered by them which are transferred to the health authority which, at the date of the establishment of that authority, have not been expended, and
(ii) any moneys demanded from them by a body dissolved by section 15 of this Act which, at the date of such establishment, have not been paid to that body, and
(b) the council of the county of Wicklow shall pay to the Dublin Health Authority, in the local financial year in which that authority are established, any moneys demanded from that council by the Grangegorman Mental Hospital Board which, at the date of such establishment, have not been paid to that board.
(12) An agreement under this section between two or more local authorities shall be made by resolutions of those authorities.
Transitional provisions with respect to expenses.
12.—(1) (a) In this subsection “the Authority” means the Dublin Health Authority.
(b) Pending the making of an agreement or determination pursuant to paragraph (a) of subsection (1) of section 11 of this Act, the expenses (other than those incurred under the Public Assistance Act, 1939) of the Authority for the local financial year in which the Authority are established shall be contributed by the Dublin Corporation and the councils of the counties of Dublin and Wicklow in proportion to their respective expenditures (as estimated by them respectively subject to the approval of the Minister), on the services (other than those under the Public Assistance Act, 1939) for their respective areas which have been transferred to the Authority, in the local financial year preceding that in which the Authority are established.
(c) Pending the making of an agreement or determination pursuant to paragraph (b) of subsection (1) of section 11 of this Act, the expenses (other than those under the Public Assistance Act, 1939) of the Authority for the local financial years subsequent to that in which the Authority are established shall be contributed by the Dublin Corporation, the council of the county of Wicklow, the council of the county of Dublin, and the D[html]n Laoghaire Corporation in proportion to the following sums:
(i) the expenditure by the Dublin Corporation (as estimated by them subject to the approval of the Minister), on the services (other than those under the Public Assistance Act, 1939) which have been transferred to the Authority, in the local financial year immediately preceding that in which the Authority are established,
(ii) the expenditure by the council of the county of Wicklow (as estimated by them subject to the approval of the Minister), on services under the Mental Treatment Acts, 1945 to 1958, in that year,
(iii) the sum obtained by multiplying the expenditure by the council of the county of Dublin (as estimated by them subject to the approval of the Minister), on the services (other than those under the Public Assistance Act, 1939) which have been transferred to the Authority, in that year by the part of the total expenditure by that council (as estimated by them) in that year which was chargeable on the county-at-large and which was levied on the County Health District of Dublin, and dividing the result of the multiplication by the said total expenditure,
(iv) the sum obtained by multiplying the expenditure by the council of the county of Dublin (as estimated by them subject to the approval of the Minister), on the services (other than those under the Public Assistance Act, 1939) which have been transferred to the Authority, in that year by the part of the total expenditure by that council (as estimated by them) in that year which was chargeable on the county-at-large and which was levied on the borough of Dún Laoghaire, and dividing the result of the multiplication by the said total expenditure.
(2) Pending the making of an agreement or determination pursuant to subsection (3) of section 11 of this Act, the expenses (other than those under the Public Assistance Act, 1939) of a health authority (other than the Dublin Health Authority) established by this Act shall be contributed, by the local authorities who appoint members of the health authority, in proportion to their respective expenditures (as estimated by them respectively subject to the approval of the Minister), on the services (other than those under the Public Assistance Act, 1939) which have been transferred to the health authority, in the local financial year immediately preceding that in which the health authority became established.
(3) An allocation of expenses pursuant to this section shall be subject to the relevant agreement or determination pursuant to section 11 of this Act when that agreement or determination has been made, and the appropriate adjustments shall be made accordingly.
(4) In this section, a reference to expenditure shall be construed as not including a reference to capital expenditure defrayed out of borrowed moneys.
Estimate of expenses and estimates meeting.
13.—In applying the City and County Management (Amendment) Act, 1955, to a health authority established by this Act, the sections set out in the Second Schedule to this Act shall be substituted for sections 9 and 10 of that Act.
Application of Health Services (Financial Provisions) Act, 1947.
14.—(1) In this section—
“the Act” means the Health Services (Financial Provisions) Act, 1947;
“net health expenditure” and “standard year” have the same meanings as in the Act.
(2) The standard expenditure for the purposes of the Act for a health authority established by this Act shall be the aggregate of the standard expenditures for those purposes of the local authorities who appoint members of the health authority, with the addition, in the case of the Dublin Health Authority, of the proportion chargeable to the council of the county of Wicklow of the net health expenditure of the Grangegorman Mental Hospital Board in respect of the standard year.
(3) In respect of each local financial year after that in which the Dublin Health Authority is established, the standard expenditure for the purposes of the Act for the council of the county of Wicklow shall be reduced by an amount equal to the proportion chargeable to that council of the net health expenditure of the Grangegorman Mental Hospital Board in respect of the standard year.
(4) A health authority established by this Act shall, in respect of the local financial year in which they are established, be a joint authority within the meaning of and for the purposes of the Act, but shall not be such a joint authority in respect of any subsequent local financial year.
(5) As respects local financial years up to (and inclusive of) that in which a health authority established by this Act are established, the expression “health authority” in the Act shall, notwithstanding section 9 of this Act, be construed as continuing to include a reference to the council of a county or the corporation of a county borough who appoint members of that health authority, and as not including a reference to that health authority.
(6) A health authority established by this Act shall make every payment which—
(a) is in respect of any local financial year after that in which that health authority are established,
(b) would, but for this subsection, be made by a local authority who appoint members of that health authority, and
(c) would, but for this Act, be part of the net health expenditure for the purposes of the Act of that local authority in respect of that local financial year.
Dissolutions and consequential provisions.
15.—(1) (a) The Dublin Board of Assistance, the Rathdown Board of Assistance, the Balrothery Board of Assistance, the Grangegorman Mental Hospital Board and the Dublin Fever Hospital Board shall, by virtue of this subsection, be dissolved and cease to exist.
(b) The provisions contained in the Third Schedule to this Act shall have effect in relation to the dissolutions under this subsection and, for that purpose, in that Schedule—
(i) “the Board” shall be construed as referring to any body dissolved by this subsection,.
(ii) “the authority” shall, in the case of sub-paragraphs (1) and (2) of paragraph 1 in their application in relation to the reserved property, be construed as referring to the Electorate and, in any other case, be construed as referring to the Dublin Health Authority, and
(iii) “the commencement” shall be construed as referring to the commencement of this subsection.
(2) (a) The Board of Public Assistance for the South Cork Public Assistance District, the Cork Sanatoria Board and the Cork Mental Hospital Board shall, by virtue of this subsection, be dissolved and cease to exist.
(b) The provisions contained in the Third Schedule to this Act shall have effect in relation to the dissolutions under this subsection and, for that purpose, in that Schedule—
(i) “the board” shall be construed as referring to any body dissolved by this subsection,
(ii) “the authority” shall be construed as referring to the Cork Health Authority, and
(iii) “the commencement” shall be construed as referring to the commencement of this subsection.
(3) (a) The Limerick Mental Hospital Board shall, by virtue of this subsection, be dissolved and cease to exist.
(b) The provisions contained in the Third Schedule to this Act shall have effect in relation to the dissolution under this subsection and, for that purpose, in that Schedule—
(i) “the board” shall be construed as referring to the Limerick Mental Hospital Board,
(ii) “the authority” shall be construed as referring to the Limerick Health Authority, and
(iii) “the commencement” shall be construed as referring to the commencement of this subsection.
(4) (a) The Board of Public Assistance for the Waterford Public Assistance District and the Waterford Mental Hospital Board shall, by virtue of this subsection, be dissolved and cease to exist.
(b) The provisions contained in the Third Schedule to this Act shall have effect in relation to the dissolutions under this subsection and, for that purpose, in that Schedule—
(i) “the board” shall be construed as referring to any body dissolved by this subsection,
(ii) “the authority” shall be construed as referring to the Waterford Health Authority, and
(iii) “the commencement” shall be construed as referring to the commencement of this subsection.
(5) An institution which, immediately before its transfer to the Dublin Health Authority, was maintained and operated by the Dublin Fever Hospital Board may, notwithstanding anything contained in the Dublin Fever Hospital Act, 1936, and the scheme thereunder, be used by the Dublin Health Authority otherwise than for the treatment and care of persons suffering from infectious diseases and shall be deemed to have been provided as a health institution by the Dublin Health Authority under section 10 of the Health Act, 1947.
(6) Where, immediately before the establishment of a health authority established by this Act, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of which a holder would be transferred to the health authority pursuant to paragraph 9 of the Third Schedule to this Act, the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the health authority as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926, by the health authority after their establishment.
(7) (a) There shall be established a committee to advise the Dublin Health Authority on matters relating to the Hospital.
(b) The advisory committee shall consist of seven members nominated by the Electorate and seven members nominated by the Dublin Health Authority. Of the members nominated by the Dublin Health Authority, not less than four shall, notwithstanding anything in any other Act, be members of that Authority.
(c) (i) Nominations to the advisory committee shall be made as soon as may be after the establishment of the Dublin Health Authority and after each quinquennial appointment of members of that Authority.
(ii) A casual vacancy among the members of the advisory committee nominated by the Electorate may be filled by nomination by the Electorate.
(iii) A casual vacancy among the members of the advisory committee nominated by the Dublin Health Authority may be filled by nomination by that Authority.
(d) (i) Every person nominated to be a member of the advisory committee shall, subject to the subsequent subparagraphs of this paragraph and unless he sooner dies, hold office as such member until the day after his successor is nominated.
(ii) Where a person nominated by the Dublin Health Authority to be a member of the advisory committee ceases to be, or is disqualified for being, a member of that Authority, he shall cease to be a member of the advisory committee.
(iii) A member of the advisory committee may resign by giving notice in writing, signed by him, to the person acting as secretary to the committee, but the resignation shall not become effective until the meeting of the committee held next after the receipt of the notice given to the person acting as secretary to the committee.
(e) The advisory committee may elect their own chairman and regulate their own procedure.
(f) (i) The Chief Executive Officer of the Dublin Health Authority shall, so far as is not inconsistent with the due performance of his duties, attend such meetings of the advisory committee as that committee may request him to attend or as he may wish to attend.
(ii) The Chief Executive Officer of the Dublin Health Authority shall make available for inspection by members of the advisory committee copies of such of the orders of the Dublin Health Authority as relate specifically to the Hospital.
(g) Section 2 of the City and County Management (Amendment) Act, 1955, shall, with respect to functions as performable in relation specifically to the Hospital and with respect to works (other than works of maintenance or repair) proposed to be undertaken at the Hospital and expenditure in connection with any such works, apply to the advisory committee as well as to the Dublin Health Authority.
(h) The advisory committee may request the Dublin Health Authority to direct that any works proposed to be undertaken at the Hospital (not being works which the Dublin Health Authority are required by or under statute or by order of a court to undertake) shall not be undertaken, and where on such a request the Dublin Health Authority by resolution direct that the works to which the request relates shall not be undertaken, those works shall not be undertaken.
(8) (a) The Electorate shall, by virtue of this paragraph, become a body corporate with perpetual succession and a common seal which shall be judicially noticed.
(b) The Electorate shall make the income from the reserved property (including any property for the time being representing that property) available for expenditure for such purposes in connection with the Hospital as may be agreed upon between the advisory committee and the Dublin Health Authority.
(c) The Electorate may, at a meeting which, at any time after the expiration of one year from the establishment of the Dublin Health Authority, is specially called for the purpose, decide, by resolution for which not less than eight of the members of the Electorate vote, to cancel their nomination of members of the advisory committee.
(d) Where a resolution is passed in accordance with the foregoing paragraph—
(i) the advisory committee shall cease to exist,
(ii) the Electorate may use so much of the reserved property (including any property for the time being representing that property) as is held by the Electorate and all income from the reserved property (including as aforesaid) for any charitable purposes which may be chosen by them and approved of by the Commissioners of Charitable Donations and Bequests in Ireland or for any public purposes which may be so chosen and approved of by the High Court.
(e) If, at any time within the period of fifty years beginning on the establishment of the Dublin Health Authority, that Authority dispose of the Institution by way of sale, otherwise than to an authority who undertake that it will not be used otherwise than for a public purpose, the Dublin Health Authority shall pay to the Electorate—
(i) the proceeds of the sale, less a sum in respect of any improvements made to the Institution by the Dublin Board of Assistance or the Dublin Health Authority agreed with the Electorate or, in the absence of agreement, determined by arbitration,
or
(ii) £30,000,
whichever is the less, and any amount so paid shall, for the purposes of this section, form part of the reserved property.
(f) In applying section 83 of the Local Government Act, 1946, in relation to the disposal of the Institution or any part thereof, that section shall have effect subject to the following modifications:
(i) the reference in paragraph (a) of subsection (1) to members of the local authority shall be construed as including a reference to the members of the advisory committee, and
(ii) “one month” shall be substituted for “ten clear days” in paragraph (b) of subsection (1).
(g) The advisory committee may, in relation to any proposal to dispose of the Institution or any part thereof, make such representations as they think fit to the Dublin Health Authority or the Minister.
(h) Any income of the Dublin Fever Hospital Board from the reserved property which was received on or after the day of the passing of this Act and before the day of the establishment of the Dublin Health Authority shall, on such establishment, be paid to the Electorate and shall then be regarded as income of the Electorate from the reserved property.
(9) In this section—
“the advisory committee” means the committee established under paragraph (a) of subsection (7) of this section;
“the Electorate” means the Dublin Fever Hospital Board (Extraordinary Members) Electorate;
“the Hospital” means Cherry Orchard Hospital, Dublin;
“the Institution” means Brú Chaoimhín, Cork Street, Dublin;
“the reserved property” means the property specified in the Fourth Schedule to this Act.
Transfers of certain property.
16.—(1) In this section “appointing local authority” means, in relation to a health authority, a local authority appointing members of the health authority.
(2) On the establishment of a health authority established by this Act, the following property, namely:
(a) all property, whether real or personal (including choses-in-action) which, immediately before the establishment, was vested in or belonged to or was held in trust for an appointing local authority and was property which was solely for the purposes of services to be transferred on the establishment to the health authority, and
(b) all other property, whether real or personal (including choses-in-action), which, immediately before the establishment, was vested in or belonged to or was held in trust for an appointing local authority and stood designated by that authority as property to be transferred to the health authority,
and all rights, powers and privileges relating to or connected with any such property, shall, 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 health authority for all the estate, term, or interest for which the same immediately before the establishment was vested in or belonged to or was held in trust for the appointing local authority, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(3) All property transferred by subsection (2) of this section to a health authority established by this Act which, immediately before the establishment, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of an appointing local authority shall, upon the request of the health authority made at any time after the establishment, be transferred in such books by such bank, corporation or company into the name of the health authority.
(4) Every chose-in-action transferred by subsection (2) of this section to a health authority established by this Act may, after the establishment, be sued upon, recovered, or enforced by the health authority in their own name and it shall not be necessary for the health authority to give notice to the person bound by such chose-in-action of the transfer effected by that subsection.
(5) After the establishment of a health authority established by this Act, every bond, guarantee, or other security of a continuing character made or given by an appointing local authority to another person, or by any person to an appointing local authority, which was in force immediately before the establishment and which related solely to services to be transferred on the establishment to the health authority, and every contract or agreement in writing made between an appointing local authority and another person which was not fully executed and completed before the establishment and which related solely to services to be transferred on the establishment to the health authority shall be construed and have effect as if the name of the health authority were substituted therein for the name of the appointing local authority, and such security, contract or agreement shall be enforceable by or against the health authority accordingly.
(6) After the establishment of a health authority established by this Act, every rule and regulation lawfully made by an appointing local authority which was in force immediately before the establishment and which related solely to services to be transferred on the establishment to the health authority shall, so far as it is not inconsistent with this Act, continue in force and have effect as a rule or regulation (as the case may be) made on the establishment by the health authority for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by the appointing local authority, and accordingly every such rule and regulation may be continued, varied or revoked, and penalties and forfeitures arising thereunder before or after the establishment may be recovered and enforced, by the health authority in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the appointing local authority if this Act had not been passed.
(7) After the establishment of a health authority established by this Act, every resolution passed, order made, and notice served by an appointing local authority before the establishment the operation, effect or term of which had not ceased or expired before the establishment (being a resolution, order or notice relating solely to services to be transferred on the establishment to the health authority) shall, so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the health authority on the date on which the same was actually passed, made or served by the appointing local authority and as if the functions of the appointing local authority were, on the said date, performable by the health authority.
(8) All loan charges which, being in respect of money borrowed for the purposes of property transferred by subsection (2) of this section to a health authority established by this Act, become payable after the establishment shall be payable by the health authority.
Transfer of certain officers and continuation of certain contracts of service.
17.—(1) Upon the establishment of a health authority established by this Act, every officer of each local authority appointing members of the health authority who, immediately before the establishment, was an officer to be transferred under this subsection shall become an officer of the health authority and, for the purposes of any enactment relating to superannuation, his office under the local authority shall be deemed not to have been abolished.
(2) In subsection (1) of this section the reference to an officer to be transferred under that subsection shall be construed as referring to any of the following officers other than an Assistant County Manager or an Assistant City Manager:
(a) any officer whose duties relate solely to services which, on the establishment of the health authority, are to become transferred to the health authority, and
(b) any officer, other than an officer referred to in the foregoing paragraph, who has been designated by the local authority appointing members of the health authority as an officer to be transferred under that subsection.
(3) Where, immediately before the establishment of a health authority established by this Act, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of which a holder would be transferred to the health authority pursuant to subsection (1) of this section, the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the health authority as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926, by the health authority after their establishment.
(4) Any question arising as to whether a particular officer or officers of a particular class is or are transferred pursuant to subsection (1) of this section shall be referred to and decided by—
(a) in case ministerial functions under the Local Government Acts, 1925 to 1959, in relation to that officer or officers of that class are for the time being vested in the Minister for Social Welfare—that Minister, and
(b) in any other case—the Minister.
(5) Every contract of service express or implied which was in force immediately before the establishment of a health authority established by this Act between a local authority appointing members of the health authority and any person who was not an officer of the local authority and who was a person to be transferred under this subsection shall continue in force after the establishment, but shall be construed and have effect as if the health authority were substituted therein for the local authority, and every such contract shall be enforceable by or against the health authority accordingly.
(6) In subsection (5) of this section the reference to a person to be transferred under that subsection shall be construed as referring to—
(a) any person engaged solely in relation to services which, on the establishment of the health authority, are to become transferred to the health authority, and
(b) any person, other than a person referred to in the foregoing paragraph, who has been designated by the local authority appointing members of the health authority as a person to be transferred under that subsection.
(7) Any question arising in relation to subsection (5) of this section as to whether a particular person or persons of a particular class was or were a person or persons to be transferred under that subsection shall be referred to and decided by—
(a) in case ministerial functions under the Local Government Acts, 1925 to 1959, in relation to that person or persons of that class are for the time being vested in the Minister for Social Welfare—that Minister, and
(b) in any other case—the Minister.
Chief Executive Officer of the Dublin Health Authority.
18.—(1) There is hereby established the office of chief executive officer under the Dublin Health Authority and the title of holders of that office shall be Chief Executive Officer of the Dublin Health Authority.
(2) With respect to functions in relation to the Dublin Health Authority, section 13 of the County Management Act, 1940, and subsection (9) of section 17 of the City and County Management (Amendment) Act, 1955—
(a) shall apply in relation to the Chief Executive Officer of the Dublin Health Authority in the same way as they apply in relation to a Dublin Assistant City Manager, and
(b) shall not apply otherwise.
(3) The following provisions shall have effect with respect to the application of section 17 of the City and County Management (Amendment) Act, 1955, to a health authority established by this Act:
(a) subsection (10) of the section shall be construed as if “for Health”were inserted before “as an approved officer”;
(b) where a delegation is made under the section to an officer of the Dublin Health Authority, that officer shall, without prejudice to paragraph (a) of subsection (2) of the section, perform the delegated function under the supervision of the Chief Executive Officer of the Dublin Health Authority.
Chief Medical Officer.
19.—(1) There is hereby established the office of chief medical officer under a health authority established by this Act and the title of holders of that office shall be__________Chief Medical Officer (with a reference to the relevant area prefixed).
(2) The chief medical officer under a health authority established by this Act shall advise the health authority generally in relation to the health of the people and shall perform such other duties as may be assigned to him in relation to the functions of the health authority or the functions of any sanitary authority in the functional area of the health authority.
(3) The provisions of paragraph (b) of subsection (1) of section 10 and section 20 of the Local Government Act, 1941, relating to the duties of officers and of subsections (2) and (6) of the said section 10 relating to appeals shall apply in relation to the office of chief medical officer under a health authority established by this Act as if it were also an office under the sanitary authority of every sanitary district in the functional area of that health authority.
(4) The expression “chief medical officer” in the Health Act, 1947, shall include a chief medical officer under a health authority established by this Act.
(5) On the commencement with respect to a health authority of this section—
(a) section 69 of the Health Act, 1947, shall cease to apply to the county in the functional area of the health authority, and
(b) section 71 of that Act shall cease to apply to the county borough in that area.
(6) The following provisions shall apply in relation to a person who, immediately before the commencement with respect to a health authority established by this Act of this section, held, in a permanent capacity, either the office of city medical officer for the county borough the corporation of which appoint members of the health authority or the office of county medical officer for the county the council of which appoint members thereof—
(a) such person shall, upon such commencement, become and be the chief medical officer under this section of the health authority,
(b) the first-mentioned office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.
(7) The following provisions shall apply in relation to a person who, immediately before the commencement with respect to a health authority established by this Act of this section, stood transferred to the service of the health authority in accordance with this Act, being a person who, immediately before that transfer, held, in a permanent capacity, either the office of city medical officer for the county borough the corporation of which appoint members of the health authority or the office of county medical officer for the county the council of which appoint members thereof—
(a) such person shall, upon such commencement, become and be the chief medical officer under this section of the health authority,
(b) such person shall cease to hold the office which, immediately before such commencement, he held under the health authority, but that office shall, for the purposes of any enactment relating to superannuation, be deemed not to have been abolished.
Special provisions for certain appointments.
20.—(1) Where, immediately before the commencement of this section with respect to a health authority,—
(a) a person held in a permanent capacity the office of city medical officer for the county borough the corporation of which appoint members of the health authority, and
(b) a person held in a permanent capacity the office of county medical officer for the county the council of which appoint members thereof,
then, if either such person, at any time while they are both in the service of the health authority, intimates to the Minister that he is willing to be appointed to an office, then vacant, of county medical officer for a county other than the county the council of which appoint members of the health authority, the Minister may by order direct the council of the county in which the vacancy exists so to appoint him.
(2) The council of a county to whom a direction is given under subsection (1) of this section shall forthwith comply with the direction and the provisions of the Local Authorities (Officers and Employees) Acts, 1926 to 1940, shall not apply to the appointment.
Assignment and performance of duties under sanitary authorities.
21.—(1) A sanitary authority may, if at any time they are not satisfied with—
(a) the assignment of duties in relation to any of their functions to an officer or a class of officers to whom this section applies, or
(b) the performance of duties assigned in relation to any of their functions to an officer or a class of officers to whom this section applies,
request the Minister to issue a direction to the health authority concerned to provide for a satisfactory assignment or satisfactory performance (as may be appropriate) of such duties.
(2) After considering a request under subsection (1) of this section and any representations made in relation to the request by the health authority concerned, the Minister may issue such direction (if any) as he thinks fit to the health authority in relation to the assignment or performance of the duties referred to in the request, and the health authority shall forthwith comply with any such direction.
(3) This section applies to any officer under a health authority established by this Act who holds an office in relation to which the provisions of paragraph (b) of subsection (1) of section 10 and section 20 of the Local Government Act, 1941, apply as if it were also an office under the sanitary authority of every sanitary district in the functional area of that health authority.
General duty under Part IV of Mental Treatment Act, 1945.
22.—(1) The general duty under Part IV of the Mental Treatment Act, 1945, to provide treatment, maintenance, advice and services for a person suffering from mental illness shall, by virtue of this section, become vested in the health authority within the meaning of the Health Act, 1947, in whose functional area such person is ordinarily resident.
(2) Subsection (1) of this section shall have effect subject to the proviso that the general duty referred to therein shall, in the case of a person ordinarily resident in the county of Wicklow, become vested in the Dublin Health Authority and not in the council of the county of Wicklow.
(3) In any Act passed before the commencement of this subsection, or in any order, regulation or other instrument made before the commencement of this subsection in exercise of a power conferred by any such Act,—
(a) any reference to a mental hospital authority shall be construed as a reference to—
(i) a health authority within the meaning of the Health Act, 1947, in their capacity as an authority performing functions under the Mental Treatment Acts, 1945 to 1958, or
(ii) a joint board performing functions under those Acts;
(b) any reference to a mental hospital district shall be construed as a reference to the functional area of a health authority within the meaning of the Health Act, 1947, or, in the case of two or more health authorities within that meaning performing their functions jointly, to their functional areas combined;
(c) any reference to a district mental hospital shall be construed as a reference to a health institution within the meaning of the Health Act, 1947, designated by the authority maintaining it as a district mental hospital;
(d) any reference to an auxiliary mental hospital shall be construed as a reference to a health institution within the meaning of the Health Act, 1947, designated by the authority maintaining it as an auxiliary mental hospital.
(4) (a) The Minister shall, by order under section 45 of the Health Act, 1953, which shall be expressed to come into operation on the commencement of this section, provide for and authorise joint action by the relevant health authorities in the performance of the relevant functions of each authority as respects the whole of their functional area and for that purpose establish a joint board.
(b) The provisions contained in the Third Schedule to this Act shall have effect in relation to the dissolution, consequent upon the repeal by this Act of section 15 of the Mental Treatment Act, 1945, of a board appointed jointly in pursuance of that section for a specified district and, for that purpose, in that Schedule—
(i) “the board” shall be construed as referring to the dissolved board,
(ii) “the authority” shall be construed as referring to the joint board established by the relevant order made pursuant to paragraph (a) of this subsection
(iii) “the commencement” shall be construed as referring to the commencement of this subsection.
(c) Where, immediately before the establishment of a joint board established by an order made pursuant to paragraph (a) of this subsection, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of which a holder would be transferred to the joint board pursuant to paragraph 9 of the Third Schedule to this Act, the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the joint authority as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926, by the joint authority after their establishment.
(d) In this subsection—
“the relevant health authorities” means the health authorities within the meaning of the Health Act, 1947, for the counties comprised in a specified district;
“specified district” means a district specified at reference number 1, 2, 7, 10, 11, 13 or 16 of the Second Schedule to the Mental Treatment Act, 1945;
“the relevant functions” means the functions which were vested under subsection (1) of this section.
(5) Every institution which, immediately before the commencement of this subsection, was maintained by the council of a county as a local administrative authority under section 15 of the Mental Treatment Act, 1945, shall, on and after such commencement, be deemed to have been provided by such council under section 10 of the Health Act, 1947.
(6) Every institution transferred to a health authority established by this Act which, immediately before the transfer, was maintained by a board appointed jointly in accordance with section 16 of the Mental Treatment Act, 1945, shall be deemed to have been provided by that health authority under section 10 of the Health Act, 1947.
(7) Every institution transferred pursuant to paragraph 1 of the Third Schedule to this Act to a joint board established by an order made pursuant to paragraph (a) of subsection (4) of this section shall be deemed to have been provided by that joint board under section 10 of the Health Act, 1947.
Certain functions to be reserved functions.
23.—(1) Any function with respect to which a resolution is provided for by this Act shall be a reserved function.
(2) In this section “reserved function” means—
(a) as respects the corporation of a county borough—a reserved function for the purposes of the Acts relating to the management of the county borough,
(b) as respects the council of a county or the Dún Laoghaire Corporation—a reserved function for the purposes of the County Management Acts, 1940 to 1955.
Miscellaneous amendments.
24.—(1) All elections made under subsection (4) of section 5 of the Waterford Infirmary Act, 1896, after the establishment of the Waterford Health Authority shall be made by that Authority.
(2) In the case of the South Cork Charitable Infirmary and the North Cork Infirmary, all appointments of members of the joint committee which, apart from this subsection, would be made under subsection (2) of section 15 of the Local Government Act, 1898, by the council of the county of Cork or the Cork Corporation shall, after the establishment of the Cork Health Authority, be made by that Authority.
(3) Section 53 and subsection (2) of section 54 of the Public Assistance Act, 1939, shall not apply to a public assistance district consisting of a county borough and a county included in the functional area of a health authority established by this Act.
(4) Section 86 of the Public Assistance Act, 1939, is hereby amended—
(a) by inserting “and any health authority established under the Health Authorities Act, 1960,” after “corporation of a county borough” in subsection (1);
(b) by substituting “health authority in whose functional area” for “public assistance authority for the public assistance district in which” in paragraph (c) of subsection (2);
(c) by substituting “health authority” for “public assistance authority” in both paragraph (d) and paragraph (e) of subsection (2).
(5) The provisions of paragraph (b) of subsection (1) of section 10 and section 20 of the Local Government Act, 1941, relating to the duties of officers and of subsections (2) and (6) of the said section 10 relating to appeals shall apply in relation to any office under a health authority established by this Act the duties of which require the holder thereof to assist the chief medical officer (or a county or city medical officer) under that health authority in the performance of his duties as if it were also an office under the sanitary authority of every sanitary district in the functional area of that health authority.
(6) Subsection (2a) of section 6 of the Tuberculosis (Establishment of Sanatoria) Act, 1945, is hereby amended by the insertion of “or a health authority established by the Health Authorities Act, 1960,” after “Health Act, 1953,” and of “or ‘health authority established by the Health Authorities Act, 1960’ (as may be appropriate) after ‘joint board ’”.
(7) Subsection (1) of section 2 of the Health Act, 1947, is hereby amended as follows:
(i) in the definition of the expression “the manager”, the following paragraph shall be substituted for paragraph (b):
“(b) as respects a health authority which is the council of a county or a health authority established by the Health Authorities Act, 1960—the manager for the purposes of the County Management Acts, 1940 to 1955;”,
(ii) in the definition of the expression “medical officer of health” there shall be inserted “or any other medical officer who is an assistant to a chief medical officer” after “county borough”.
(8) In the application of section 69 of the Health Act, 1947, to a county the council of which appoint members of a health authority established by this Act, the references in subsection (2) to the council of a county shall be construed as references to that health authority.
(9) Section 70 of the Health Act, 1947, shall not apply to a county the council of which appoint members of a health authority established by this Act.
(10) In the application of section 71 of the Health Act, 1947, to a county borough the corporation of which appoint members of a health authority established by this Act—
(a) the reference in subsection (1) to the functions of the corporation of the county borough shall be construed as including a reference to the functions of that health authority, and
(b) the reference in subsection (2) to the corporation of the county borough shall be construed as a reference to that health authority.
(11) Section 72 of the Health Act, 1947, shall not apply to a county borough in the functional area of a health authority established by this Act.
(12) (a) Subsection (1) of section 4 of the Meath Hospital Act, 1951, shall have effect, on and after the first Monday in April in the first election year within the meaning of that Act in which, on the first Monday in April, the Dublin Health Authority stand established and the first appointments of members thereof stand completed, as if—
(i) the following paragraph were substituted for paragraph (a):
“(a) eleven members (in this Act referred to as health authority members) elected in accordance with section 4A of this Act,”;
(ii) paragraph (c) and “(c),” in paragraph (f) were deleted.
(b) The following section is hereby inserted after section 4 of the Meath Hospital Act, 1951:
“4A. (1) The Dublin Health Authority shall in each election year, on or before the first Monday in April in that election year, elect eleven members to act as health authority members, and the term of office of every person so elected shall commence on the day next following the said first Monday.
(2) Subsection (1) of this section shall not apply to the first election year in which the Dublin Health Authority stand established if, on the first Monday in April in that year, the first appointments of members of that Authority do not stand completed.
(3) Every health authority member elected at an election held under subsection (1) of this section shall, unless he sooner dies or resigns, hold office until the expiration of the first Monday in April in the next election year.
(4) Whenever a health authority member dies or resigns, the Dublin Health Authority shall, as soon as conveniently may be, elect a person to fill the vacancy and the person so elected shall hold office for the period for which the health authority member dying or resigning would have held office if he had not died or resigned.”
(c) Subsection (2) of section 5 and subsection (2) of section 7 of the Meath Hospital Act, 1951, shall not apply in relation to the first election year within the meaning of that Act in which, on the first day of April, the Dublin Health Authority stand established and the first appointments of members thereof stand completed or in relation to any subsequent election year within that meaning.
(13) Subsection (4) of section 45 of the Health Act, 1953, is hereby amended:
(a) by the insertion in paragraph (h) of “or the Mental Treatment Acts, 1945 to 1958,” after “or this Act”;
(b) by the insertion of the following paragraph after paragraph (h):
“(i) the board shall appoint a banking company to act as their treasurer.”
(14) Section 48 of the Health Act, 1953, is hereby amended:
(a) by the insertion of “, Limerick” after “Cork” in subsection (1);
(b) by the deletion of subsection (7);
(c) by the insertion of the following paragraph in subsection (8) after paragraph (a):
“(aa) the county borough of Limerick and the county of Limerick,”.
County of Wicklow ceasing to be in functional area of Dublin Health Authority for provision of mental treatment.
25.—(1) On the commencement of this section, the following portions of this Act shall cease to have effect:—
(a) the words “together with, with respect to functions related to the operation of services under the Mental Treatment Acts, 1945 to 1958, the administrative county of Wicklow” in subsection (4) of section 2;
(b) subsection (5) of section 2;
(c) the words “with the addition, in the case of the Dublin Health Authority, of the proportion chargeable to the council of the county of Wicklow of the net health expenditure of the Grangegorman Mental Hospital Board in respect of the standard year” in subsection (2) of section 14;
(d) subsection (3) of section 14.
(2) The general duty under Part IV of the Mental Treatment Act, 1945, to provide treatment, maintenance, advice and services for a person suffering from mental illness who is ordinarily resident in the county of Wicklow shall, by virtue of this section, become vested in the health authority within the meaning of the Health Act, 1947, in whose functional area such person is ordinarily resident.
(3) The Minister may by regulations—
(a) make any adaptations or modifications of sections 11 and 12 of this Act or of any agreement or determination under paragraph (b) of subsection (1) of section 11 of this Act which appear to him to be necessary having regard to the commencement of this section;
(b) make any other consequential or ancillary provisions which appear to him to be necessary having regard to such commencement, including, in particular, provisions relating to—
(i) the transfer or retention of property or liabilities,
(ii) the payment, on account of any such transfer or retention, of money, either in one sum or by instalments,
(iii) the transfer of patients.
Laying of regulations before Houses of Oireachtas.
26.—Every regulation (other than a regulation of which a draft is required by this Act to be approved of by resolution of each House of the Oireachtas) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.
Adaptation of enactments.
27.—The Minister may by regulations make, in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptations or modifications which appear to him to be necessary to enable the statute, order or regulation to have effect in conformity with this Act.
Expenses of the Minister.
28.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals (Mental Treatment Act, 1945).
29.—(1) In this section “the Act” means the Mental Treatment Act, 1945.
(2) The definitions of the expressions “auxiliary mental hospital”, “district mental hospital” and “mental hospital district” contained in section 3 of the Act are hereby repealed.
(3) Sections 14 to 18, 20 to 29, 31, 34 to 48, 50 to 62, 95, 98 and 100 to 105 of the Act are hereby repealed.
(4) Any regulations made under section 40 of the Act which were in force immediately before the commencement of this section shall be deemed to have been made under subsection (1) of section 8 of the Health Act, 1953.
(5) Any regulations made under section 41 of the Act which were in force immediately before the commencement of this section shall be deemed to have been made under subsection (2) of section 8 of the Health Act, 1953.
(6) Any arrangements made under section 101, 102 or 103 of the Act which were in force immediately before the commencement of this section shall be deemed to have been made under section 10 of the Health Act, 1953.
Commencement.
30.—(1) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular area, body, purpose or provision and different days may be so fixed with reference to different areas, different bodies, different purposes and different provisions.
(2) Subsection (1) of this section shall be subject to the restriction that section 25 of this Act shall not be brought into operation save on the first day of any local financial year after that in which the Dublin Health Authority are established.
Short title.
31.—This Act may be cited as the Health Authorities Act, 1960.
FIRST SCHEDULE
Rules in relation to Membership and Meetings of Health AuthoritieseEstablished by this Act.
Appointments.
1. (1) The members of the authority to be appointed by the council of a county shall be appointed, in the case of the first appointment, at the meeting of the council held next after the establishment of the authority, and thereafter at the annual meeting of the council held next after every quinquennial election of members of the council.
(2) The members of the authority to be appointed by the corporation of a county borough shall be appointed, in the case of the first appointment, at the meeting of the city council for the county borough held next after the establishment of the authority, and thereafter at the quarterly meeting of the city council held next after every quinquennial election of members of the city council.
(3) Where there are members of the authority to be appointed by the corporation of a borough, those members shall be appointed, in the case of the first appointment, at the meeting of the borough council for the borough held next after the establishment of the authority, and thereafter at the quarterly meeting of the borough council held next after every quinquennial election of members of the borough council.
2. (1) The members of the authority to be appointed by the council of a county shall be appointed as follows:
(a) (i) in the case of the county of Dublin, for each county electoral area in the county (excluding the borough of Dún Laoghaire), one member of the authority shall be appointed from among the county councillors elected for that area,
(ii) in the case of the county of Cork, for each county electoral area in the county, three members of the authority shall be appointed successively from among the county councillors elected for that area,
(iii) in the cases of the county of Limerick and the county of Waterford, for each county electoral area in the county, two members of the authority shall be appointed successively from among the county councillors elected for that area;
(b) of the other members (in this rule called additional members) any group of councillors comprising the necessary number of councillors may nominate a councillor to be a member of the authority and he shall be appointed on that nomination without any voting;
(c) the remainder of the additional members shall be appointed successively by a majority of the votes of the councillors who are not members of any such group of councillors as aforesaid;
(d) the number of councillors necessary to form a group for the purposes of this rule shall be the number obtained by dividing the total number of councillors present at the appointment by the number of additional members to be appointed, or where the number so obtained is not a whole number, the whole number next greater than the number so obtained;
(e) no councillor shall be a member of more than one group.
(2) In subparagraphs (b) to (e) of the foregoing paragraph, “councillors” and “councillor” do not, in relation to the council of the county of Dublin, include any councillor elected for the county electoral area which is coterminous with the borough of Dún Laoghaire.
(3) The members of the authority to be appointed by the corporation of a county borough, and the members (if any) thereof to be appointed by the corporation of a borough other than a county borough, shall be appointed in the same manner as additional members are required to be appointed by the council of a county under the foregoing paragraph.
Tenure of Office.
3. Every member of the authority shall hold office (unless he sooner dies, resigns or becomes disqualified or his membership terminates under Rule 6 or 7 of these Rules) until the day after his successor has been elected.
Disqualification.
4. (1) Where a member of the authority was appointed by the council of a county and he ceases to be, or is disqualified for being, a member of the council, he shall also cease to be, or be disqualified for being, a member of the authority.
(2) Where a member of the authority was appointed by the corporation of a county or other borough and he ceases to be, or is disqualified for being, a member of the city or borough council for the borough, he shall also cease to be, or be disqualified for being, a member of the authority.
Resignation and Removal.
5. (1) Where a member of the authority was appointed by the council of a county, he may resign his membership by giving notice in writing signed by him to the secretary of the council, but the resignation shall not become effective until the meeting of the council held next after the receipt of the notice given to the secretary.
(2) Where a member of the authority was appointed by the corporation of a county or other borough, he may resign his membership by giving notice in writing signed by him to the Town Clerk of the borough, but the resignation shall not become effective until the meeting of the city or borough council for the borough held next after the receipt of the notice given to the Town Clerk.
6. (1) A member of the council of a county who appoint members of the authority may, with the consent of not less than one-fourth of the members of the council, notify the secretary of the council in writing of his intention to propose that the membership of all the members of the authority who were appointed by the council shall be terminated. The secretary shall thereupon summon a meeting of the council for a day not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof. In the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at the meeting approving of the proposal, the membership of all such members of the authority shall forthwith stand terminated and new members of the authority shall be appointed forthwith.
(2) A member of the city council for a county borough the corporation of which appoint members of the authority may, with the consent of not less than one-fourth of the members of the council, notify the Town Clerk of the borough in writing of his intention to propose that the membership of all the members of the authority who were appointed by the corporation shall be terminated. The Town Clerk shall thereupon summon a meeting of the council for a day not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof. In the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at the meeting approving of the proposal, the membership of all such members of the authority shall forthwith stand terminated and new members of the authority shall be appointed forthwith.
(3) Where there are members of the authority appointed by the corporation of a borough other than a county borough, a member of the borough council for the borough may, with the consent of not less than one-fourth of the members of the council, notify the Town Clerk of the borough in writing of his intention to propose that the membership of all members of the authority who were appointed by the council shall be terminated. The Town Clerk shall thereupon summon a meeting of the council for a day not later than one month after the receipt of the notification and shall give to every member of the council at least fourteen days' notice thereof. In the event of a resolution (for the passing of which not less than two-thirds of the members of the council present vote) being passed at the meeting approving of the proposal, the membership of all such members of the authority shall forthwith stand terminated and new members of the authority shall be appointed forthwith.
(4) In this and the next Rule “member” and “members” do not, in relation to the council of the county of Dublin, include any member elected for the county electoral area which is coterminous with the borough of D[html]n Laoghaire.
7. (1) Where a member of the authority who was appointed by the council of a county has not, for a consecutive period of three months, attended a meeting of the authority, his membership of the authority shall thereupon terminate and the council shall, at their next meeting after the expiration of that period, appoint one of their members to fill the vacancy.
(2) Where a member of the authority who was appointed by the corporation of a county or other borough has not, for a consecutive period of three months, attended a meeting of the authority, his membership of the authority shall thereupon terminate and the city or borough council for the borough shall, at their next meeting after the expiration of that period, appoint one of their members to fill the vacancy.
(3) Where a meeting of the authority is abandoned owing to a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and those members shall be deemed to have attended a meeting of the authority for the purpose of this rule.
Casual Vacancies.
8. A casual vacancy occurring in the membership of the authority shall be filled by the council or corporation by whom the member causing the vacancy was appointed within one month after the occurrence of the vacancy or within such further time as the Minister may allow, but where the casual vacancy is occasioned by a member appointed for an electoral area under subparagraph (a) of paragraph (1) of Rule 2 of these Rules, the casual vacancy shall be filled from among county councillors representing that area.
Quorum.
9. The quorum of the authority shall be—
(a) where the total number of the members of the authority is a number divisible by four without a remainder—
(i) one-fourth of the total number of the members of the authority, or
(ii) five,
whichever is the greater, and
(b) where the total number of the members of the authority is a number which is not divisible by four without a remainder—
(i) one-fourth of the next higher number which is divisible by four without a remainder, or
(ii) five,
whichever is the greater.
Meetings.
10. The authority shall hold meetings for the transaction of their business at least once in each month and at such other times as may be necessary for properly performing their functions.
11. The first meeting of the authority shall be held after the appointment of members of the authority has been completed on a day to be appointed by the Minister, and shall be an annual meeting.
12. The authority shall at their first meeting appoint a day of the year not earlier than the 17th day of July nor later than the 1st day of August for the holding of subsequent annual meetings and may at any subsequent annual meeting alter the day so appointed.
13. The authority shall hold an annual meeting in each year and the meeting shall be held on the day which is for the time being appointed for the holding of annual meetings under these rules, unless that day falls on a Sunday or bank holiday, when the meeting shall be held on the next following day which is neither a Sunday nor a bank holiday.
14. If the first or any other annual meeting of the authority is for any reason (including a quorum not being present) not held on the day appointed for the holding thereof under these rules, the secretary of the authority shall as soon as may be summon a meeting of the authority for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose, and the meeting held in pursuance of that summons shall be for all purposes an annual meeting held on the date appointed under these rules.
Chairman and Vice-Chairman.
15. (1) At every annual meeting of the authority, the authority shall elect one of their members to be chairman of the authority and may elect another of their members to be vice-chairman of the authority.
(2) Whenever the office of chairman or vice-chairman of the authority becomes vacant otherwise than by the termination of the ordinary term of office, the authority shall at their next meeting after the vacancy occurs or, in the case of a resignation of office, at the meeting at which the resignation becomes effective, elect one of their members to be chairman or vice-chairman of the authority.
(3) A person elected to be chairman or vice-chairman of the authority shall, unless he sooner resigns the office of chairman or vice-chairman or sooner ceases to be, or becomes disqualified for being, a member of the authority, hold office as chairman or vice-chairman until his successor has been appointed.
(4) The chairman or vice-chairman of the authority may at any time resign his office as chairman or vice-chairman by giving notice in writing signed by him to the authority, but the resignation shall not become effective until the commencement of the meeting of the authority held next after the receipt by them of the resignation.
(5) Whenever the chairman or vice-chairman of the authority ceases to be, or becomes disqualified for being, a member of the authority, he shall forthwith cease to be chairman or vice-chairman of the authority.
(6) Whenever, at the election of chairman of the authority, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the authority.
Proceedings at Meetings.
16. The proceedings of the authority shall not be invalidated by any vacancy or vacancies among their members or by any defect in the election of the authority or in the election or qualification of any member thereof.
17. The chairman of the authority may call a meeting of the authority.
18. If the chairman of the authority refuses to call a meeting of the authority after a requisition for that purpose, signed by three members of the authority, has been presented to him, any three members of the authority may forthwith, on that refusal, call a meeting and, if the chairman (without so refusing) does not,. within seven days after the presentation of the requisition, call a meeting of the authority, any three members of the authority may, on the expiration of those seven days, call a meeting of the authority.
19. Three clear days at least before a meeting of the authority, notice of the time and place of the intended meeting signed by the chairman, or, if the meeting is called by members of the authority, by those members, shall be fixed on the hall or other place at which the authority are accustomed to meet and, if the meeting is called by members of the authority, the notice shall specify the business proposed to be transacted thereat.
20. Three clear days at least before any meeting of the authority, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the secretary of the authority shall be left or delivered by post at the usual place of abode of every member of the authority, but failure so to leave or deliver such summons for or to a member or some of the members of the authority shall not affect the validity of a meeting.
21. No business shall be transacted at a meeting of the authority other than that specified in the summons relating thereto, except (in case of the annual meeting) business required to be transacted thereat.
22. At a meeting of the authority—
(a) the chairman of the authority shall, if he is present, be chairman of the meeting,
(b) if and so long as the chairman of the authority is not present or the office of chairman is vacant, the vice-chairman (if any) shall, if he is present, be chairman of the meeting,
(c) if and so long as the chairman of the authority is not present or the office of chairman is vacant and there is no office of vice-chairman, the vice-chairman is not present or the office of vice-chairman is vacant, the members of the authority who are present shall choose one of their number to be chairman of the meeting.
23. Minutes of the proceedings of a meeting of the authority shall be drawn up and fairly entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.
24. The names of the members at a meeting of the authority shall be recorded in the minutes of the proceedings of the meeting.
25. The names of the members voting on any question arising at a meeting of the authority shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.
26. All acts of the authority and all questions coming or arising before the authority may be done and decided by the majority of such members of the authority as are present and vote at a meeting of the authority duly held according to law.
27. In case of equality of votes on any question arising at a meeting of the authority, other than the election of a chairman, the chairman of the meeting shall have a second or casting vote.
SECOND SCHEDULE
Sections substituted for Sections 9 and 10 of City and County Management (Amendment) Act, 1955
Estimate Of Expenses.
9. (1) In each local financial year, there shall be prepared during the prescribed period and in the prescribed form an estimate (in this section referred to as a provisional estimate of expenses) showing the amounts estimated as necessary to meet the expenses and provide for the liabilities and requirements of a local authority during the local financial year then next ensuing and such preparation shall be carried out—
(a) in the case of a local authority having an estimates committee, by the committee, and
(b) in any other case, by the manager.
(2) The manager shall, so far as is not inconsistent with the due performance of his other duties attend every meeting of the estimates committee of a local authority and shall furnish such information, assistance and advice to the committee as is required by them in the performance of their functions.
(3) Where the manager considers that a provisional estimate of expenses prepared by the estimates committee of a local authority (whether by reference to the whole of the estimate or to any part or parts thereof) would, if confirmed and subsequently adopted, seriously prejudice the efficient or economical performance of the functions of the local authority, the manager shall prepare a separate report specifying the provision which in his opinion is necessary.
(4) In the event of a provisional estimate of expenses not having been prepared by the estimates committee of a local authority pursuant to paragraph (a) of subsection (1) of this section, the manager shall himself prepare such estimate.
(5) Where it would be inconsistent with the due performance of his other duties for the manager to attend a meeting of the estimates committee of a local authority, he shall designate an officer of the local authority to attend the meeting in his place.
(6) A provisional estimate of expenses shall be considered by the local authority at a meeting (in this Act referred to as a provisional estimates meeting) of the local authority at which the manager shall be present and which shall be held during the prescribed period and of which not less than seven days' notice shall have been given to every person who is a member of the local authority when such notice is given.
(7) Not less than seven days before the day on which a provisional estimates meeting of a local authority is to be held, the manager shall—
(a) deposit in the offices of the local authority a copy of the provisional estimate of expenses,
(b) send a copy of the provisional estimate of expenses, together with a copy of any separate report under subsection (3) of this section, to every person who is, on the day before the commencement of the said seven days, a member of the local authority, and
(c) give public notice in the prescribed manner of the fact that the provisional estimate of expenses has been made and that a copy thereof has been deposited as aforesaid.
(8) A copy of a provisional estimate of expenses which is deposited in pursuance of this section in the offices of a local authority may be inspected free of charge by any member of the public at any time while those offices are open for the transaction of official business, and the manager shall supply to a person making application to him therefor a copy of the provisional estimate of expenses at the price of one shilling per copy.
(9) At a provisional estimates meeting of a local authority or at an adjournment thereof, the local authority—
(a) may by resolution amend, whether by addition, omission or variation, the provisional estimate of expenses,
(b) shall by resolution confirm the provisional estimate of expenses either (as the case may require) without amendment or with the amendments made therein under paragraph (a) of this subsection, and
(c) shall prepare and by resolution adopt, in accordance with the provisional estimate of expenses as so confirmed, drafts of such demands or other instruments as would be appropriate for obtaining the money to meet the amounts specified in such estimate.
(10) A local authority may adjourn a provisional estimates meeting as often as they wish, subject to the limitation that no such adjournment shall be to a day not within the period of twenty-one days beginning on the day on which the provisional estimates meeting begins.
(11) A provisional estimate of expenses as confirmed under subsection (9) of this section is referred to in this Act as an estimate of expenses.
(12) Where the manager considers that an estimate of expenses (whether by reference to the whole of the estimate or to any part or parts thereof) would, if adopted, seriously prejudice the efficient or economical performance of the functions of the local authority, the manager shall prepare a separate report specifying the provision which in his opinion is necessary.
Estimates meeting.
10. (1) An estimate of expenses shall be considered by the local authority at a meeting (in this Act referred to as an estimates meeting) of the local authority at which the manager shall be present and which shall be held during the prescribed period and of which not less than seven days' notice shall have been given to every person who is a member of the local authority when such notice is given.
(2) Not less than twenty-one days before the day on which an estimates meeting of a local authority is to be held, the manager shall send to each rating authority concerned—
(a) a copy of the estimate of expenses,
(b) a copy of any separate report under subsection (12) of section 9 of this Act, and
(c) copies of the drafts prepared under subsection (9) of that section, and each such rating authority may, during the said twenty-one days, make, by resolution, recommendations to the local authority for the amendment, whether by addition, omission or variation, of the estimate of expenses.
(3) At an estimates meeting of a local authority, the local authority—
(a) may by resolution amend, whether by addition, omission or variation, the estimate of expenses,
(b) shall by resolution adopt the estimate of expenses either (as the case may require) without amendment or with the amendments made therein under paragraph (a) of this subsection, and
(c) shall prepare and by resolution adopt, in accordance with the estimate of expenses as so adopted, the demands or other instruments whereby the money to meet the expenses of the elective body in the local financial year then next ensuing is to be obtained.
THIRD SCHEDULE.
Provisions consequential on the Dissolution of certain Boards.
Sections 15 and 22.
Transfer of property.
1. (1) All property, whether real or personal (including choses-in-action), which immediately before the commencement was vested in or belonged to or was held in trust for the Board and all rights, powers and privileges relating to or connected with any such property shall on the commencement, 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 authority for all the estate, term or interest for which the same immediately before the commencement was vested in or belonged to or was held in trust for the board, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(2) All property transferred by this paragraph which, immediately before the commencement, was standing in the books of any bank or was registered in the books of any bank, corporation, or company in the name of the board shall, upon the request of the authority made at any time after the commencement, be transferred in such books by such bank, corporation or company into the name of the authority.
(3) After the commencement, every chose-in-action transferred by this paragraph from the board to the authority may be sued upon, recovered, or enforced by the authority in their own name and it shall not be necessary for the authority to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.
Transfer of liabilities.
2. (1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement was owing and unpaid or had been incurred and was undischarged by the board shall, on the commencement, become and be the debt or liability of the authority and shall be paid or discharged by and may be recovered from or enforced against the authority accordingly.
(2) The dissolution of the board shall not invalidate or effect any paying order which may have been issued by the board and not presented for payment before the commencement or any authority given by the board for the payment of the amount of such paying order, and the authority shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the commencement.
Preservation of continuing contracts.
3. Every bond, guarantee, or other security of a continuing character made or given by the board to another person or by any person to the board and in force immediately before the commencement and every contract or agreement in writing made between the board and another person and not fully executed and completed before the commencement shall, notwithstanding the dissolution of the board, continue in force after the commencement but shall be construed and have effect as if the name of the authority were substituted therein for the name of the board, and such security, contract or agreement shall be enforceable by or against the authority accordingly.
Continuance of rules and regulations.
4. Every rule and regulation lawfully made by the board and in force immediately before the commencement shall, after the commencement and so far as it is not inconsistent with this Act, continue in force and have effect as a rule or regulation (as the case may be) made on the commencement by the authority for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by the board, and accordingly every such rule and regulation may be continued, varied or revoked, and penalties and forfeitures arising thereunder before or after the commencement may be recovered and enforced, by the authority in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the board if this Act had not been passed.
Continuance of resolutions, etc.
5. Every resolution passed, order made, and notice served by the board before the commencement the operation, effect or term of which had not ceased or expired before the commencement shall, after the commencement and so far as it is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the authority on the date on which the same was actually passed, made or served by the board and as if the functions of the board were, on the said date, performable by the authority.
Continuance of pending legal proceedings.
6. In every action, suit, prosecution or other proceeding which stood pending immediately before the commencement in any court or tribunal and to which the board was a party, the authority shall on the commencement become and be a party in the place of the board and such proceeding shall be continued between the authority and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the board.
Admissibility in evidence of books.
7. (1) All books and other documents directed or authorised by or under any statute to be kept by the board and which, immediately before the commencement, would be receivable in evidence shall, notwithstanding the dissolution of the board, be admitted in evidence after the commencement as fully as if this Act had not been passed.
(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by the board would, if verified in a particular manner by a particular officer of the board, have been admissable immediately before the commencement as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the authority corresponding to such particular officer, be admitted, after the commencement, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.
Audit of accounts.
8. (1) The accounts of all income and expenditure of the board and of committees thereof and of the respective officers of the board and such committees up to the commencement shall, as soon as conveniently may be after the commencement, be audited, and disallowances, surcharges, charges and penalties in relation to such accounts, income, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.
(2) Every officer of the board or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the income or expenditure of the board and also every member of the board or of any such committee shall, until the audit of the accounts of such income and expenditure up to the commencement is complete, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.
Transfer of officers.
9. Every person who, immediately before the commencement, was an officer of the board shall, on such commencement, be transferred to the service of the authority and become and be an officer of the authority and, for the purposes of any enactment relating to superannuation, his office under the board shall be deemed not to have been abolished.
Preservation of contracts of service.
10. Every contract of service express or implied which was in force immediately before the commencement between the board and any person not being an officer of the board shall continue in force after the commencement, but shall be construed and have effect as if the authority were substituted therein for the board, and every such contract shall be enforceable by or against the authority accordingly.
FOURTH SCHEDULE.
Reserved Property.
Part I.
Property Vested in the Dublin Fever Hospital Board.
The hereditaments and premises demised by an Indenture of Lease dated the 26th day of February, 1936, made between the Right Honourable Reginald Earl of Pembroke and Montgomery of the first part, the Right Honourable Sidney Charles Herbert of the second part and The House of Recovery and Fever Hospital Cork Street Dublin of the third part and therein described as “All and Singular that piece or plot of ground situate in the Parish of Saint Peter and City of Dublin measuring in front to Baggot Street Lower twenty three feet one inch in breadth in the rere twenty two feet six inches and in depth from front to rere on the North West side one hundred and sixty feet six inches and on the South East side one hundred and sixty feet two inches be the said several admeasurements more or less bounded on the South West by Baggot Street Lower aforesaid on the North East by James' Lane and on the North West and South East by other parts of the said holding of William Bush Lessee with the messuage and buildings erected thereon and known as number 51 Baggot Street Lower which said premises are shown on the plan annexed to these presents and thereon edged with red And also the cellars connected with the said premises so far as the lessor has power to grant the same but not further or otherwise”.
The hereditaments and premises demised by an Indenture of Lease dated the 31st day of December, 1941, made between the Dublin Fever Hospital of Cork Street in the City of Dublin of the one part and Philip Ryan of the other part and therein described as “All that and those that plot or piece of ground situate in the Parish of Saint Peter and city of Dublin measuring in front to East James's Street forty-four feet one inch in breadth in the rere forty-one feet eleven inches and in depth from front to rere on the North East side twenty-six feet three inches and on the South West to Baggot Street Lower fourteen feet eight and one-half inches be the said several admeasurements more or less bounded on the North West by East James's Street aforesaid on the North East by premises in the occupation of the Lessor on the South East by the holding of James Daly Lessee and on the South West by Baggot Street Lower aforesaid with the messuages and buildings erected thereon and known as Number one East James's Street which said premises are shown on the plan annexed to these presents and thereon edged with red and also the cellars underneath the premises Numbers 1 and 2 East James Street aforesaid as coloured blue on the said map so far as the Lessors have the power to grant same but not further or otherwise and also the staircase formerly being part of Number 2 East James Street, but which has been cut off from Number 2 East James Street many years ago as the same has been enjoyed by the occupier of Number 1 East James Street for many years past as coloured yellow on the said map”.
£1,049 C.I.E. Transport Stock, 1975/85.
£1,200 4% Pim Bros. Debentures.
£4,300 3 ½% Rathmines and Rathgar Stock.
£7,408 13s. 3 ½% War Loan.
£100 4% Dublin South City Market Debentures.
£1,152 13s. 6d. 3 ½% Exchequer Bonds, 1965/70.
£3,650 4 ½% National Loan, 1973/78.
£10,968 5 ¼% National Development Loan.
£19,024 12s. 2d. 6% National Loan, 1967.
£3,154 6s. 8d. 3 ¼% National Security Loan, 1956 /61.
£1,821 4% Land Bonds.
Cash: £2,057 17s. 4d.
Part II.
Property not vested in the Dublin Fever Hospital Board.
£812 15s. 9d. 3 ½% Exchequer Bonds 1965/70 and £277 2s. 0d. Bank of Ireland Stock held by the Commissioners of Charitable Donations and Bequests in Ireland by reference to the will of Daniel Mulligan, deceased.
£358 14s. 4d. 4 ¼% National Loan, 1975/80 and £41 19s. 1d. 3 ½% Exchequer Bonds 1965/70, held by the Commissioners of Charitable Donations and Bequests in Ireland by reference to the will of Dame Elizabeth Hutchinson, deceased.
£500 Bank of Ireland Stock held by the Accountant of the Courts of Justice by reference to the will of Hugh Blayney, deceased.
The undivided share, of the property held by the trustees acting pursuant to the will of George Burroughs, deceased, by reference to which the rent charge of £27 13s. 10d. is paid to the Dublin Fever Hospital Board.