Number 1 of 1970
HEALTH ACT, 1970
ARRANGEMENT OF SECTIONS
Preliminary and General
Section | |
Short title, collective citation, construction and commencement. | |
Administration
Health Boards
Officers and Servants, etc.
Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940. | |
Finance
Dissolution of Certain Bodies, etc.
Hospitals, etc.
Bodies for co-ordination and development of hospital services. | |
Health Services
Eligibility
Hospital In-Patient and Out-Patient Services
In-patient services for persons not entitled under section 52. | |
General Medical Services
Services for Mothers and Children
Other Services
Miscellaneous Provisions Regarding Services
Miscellaneous Provisions
Restriction of Health Services (Financial Provisions) Act, 1947. | |
Amendment of City and County Management (Amendment) Act, 1955. |
Enactments Repealed
Rules in relation to Membership and Meetings of Health Boards
Provisions consequential on Dissolutions
Acts Referred to | |
1947, No. 28. | |
1957, No. 28. | |
Rats and Mice (Destruction) Act, 1919 | 1919, c. 72. |
Blind Persons Act, 1920 | 1920, c. 49. |
1930, No. 9. | |
1962, No. 8. | |
1934, No. 14. | |
1944, No. 10. | |
1950, No. 27. | |
1961, No. 12. | |
1947, No. 47. | |
Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 | 1952, No. 8. |
1955, No. 9. | |
1956, No. 10. | |
1941, No. 23. | |
1926, No. 39. | |
1927, No. 25. | |
1933, No. 18. | |
Central Criminal Lunatic Asylum (Ireland) Act, 1845 | 1845, c. 107. |
1952, No. 11. | |
1930, No. 17. | |
Local Government (Ireland) Act, 1871 | 1871, c. 109. |
Local Government (Ireland) Act, 1898 | 1898, c. 37. |
Local Government (Ireland) Act, 1902 | 1902, c. 38. |
1953, No. 26. | |
1934, No. 1. | |
Rats and Mice (Destruction) Act, 1919 | 1919, c. 72. |
1945, No. 19. | |
1946, No. 24. | |
1939, No. 27. | |
1955, No. 12. | |
Number 1 of 1970
HEALTH ACT, 1970
PART I
Preliminary and General
Short title, collective citation, construction and commencement.
1.—(1) This Act may be cited as the Health Act, 1970.
(2) The Health Acts, 1947 to 1966, and this Act may be cited together as the Health Acts, 1947 to 1970.
(3) The Health Acts, 1947 to 1966, and this Act shall be construed together as one Act.
(4) Save as otherwise specifically provided for, 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 purpose or provision, and different days may be so fixed for different purposes and different provisions.
Interpretation.
2.—(1) In this Act a reference to a Part, section or schedule is to a Part, section or schedule of this Act, unless it is indicated that reference to some other enactment is intended.
(2) In this Act a reference to a subsection, paragraph, subparagraph or rule is to the subsection, paragraph, subparagraph or rule of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any subsequent enactment.
Repeals.
3.—The enactments specified in column (2) of the First Schedule are hereby repealed to the extent specified in column (3) of the Schedule.
PART II
Administration
Chapter I
Health Boards
Establishment of health boards.
4.—(1) For the administration of the health services in the State, the Minister shall after consultation with the Minister for Local Government by regulations establish such number of boards (to be known and in this Act referred to as health boards) as may appear to him to be appropriate, and by such regulations shall specify the title and define the functional area of each health board so established and, subject to subsection (2), shall specify the membership of each health board.
(2) (a) Membership of a health board shall consist of—
(i) persons appointed by the relevant local authorities,
(ii) persons appointed by election by registered medical practitioners and by election by members of such ancillary professions as are specified in the appropriate regulations under subsection (1),
(iii) persons appointed by the Minister.
(b) In a specification of membership of a health board by regulations under this section, the number of persons fulfilling the condition in paragraph (a) (i) shall exceed the total number of other members of the health board.
(c) Paragraph (a) (ii) shall not apply in the case of the first appointments of members of a health board, but the first appointments to a health board under paragraph (a) (iii) shall include appointments made on nominations of bodies which, in the opinion of the Minister, are representative of the medical and ancillary professions or of particular branches thereof.
(3) For the purposes of subsection (2) and paragraphs 14 (1) and 16 (2) of the Second Schedule the relevant local authorities shall be each council of a county or corporation of a county borough the functional area of which (or part of the functional area of which) is included in the functional area of the relevant health board and, in the appropriate case, the Corporation of Dún Laoghaire shall be a relevant local authority.
(4) The Minister shall consult the council of a county, the corporation of a county borough or the Corporation of Dún Laoghaire before making regulations under this section which relate to the functional area of the council or corporation concerned.
(5) A draft of regulations which it is proposed to make under this section 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 House.
(6) Section 5 (5) of the Health Act, 1947, shall not apply in respect of regulations under this section.
General provisions regarding health boards.
5.—(1) The following provisions shall have effect in relation to a health board established under this Act:
(a) the board shall be a body corporate with perpetual succession;
(b) the board may sue and be sued in its corporate name and may hold and dispose of land;
(c) the board shall provide and have a common seal and all courts of justice shall take judicial notice of the seal;
(d) notwithstanding anything contained in any other Act, the members of the board who are appointed by the council of a county shall be members of that council and the members of the board 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 Second Schedule shall apply in relation to the board.
(2) The Minister may, by order made at the request of a health board, substitute in relation to that board a different rule for any of the following rules set out in the Second Schedule, namely, rules 15, 17, 20, 21, 22, 23.
(3) Where an order is made under subsection (2), the Second Schedule shall apply in relation to the relevant health board with the substitution of the rule set out in the order for the relevant rule in that schedule.
Functions of health boards.
6.—(1) Subject to section 17, a health board shall perform the functions conferred on it under this Act and any other functions which, immediately before its establishment, were performed by a local authority (other than as a sanitary authority) in the functional area of the health board in relation to the operation of services provided under, or in connection with the administration of, the enactments specified in subsection (2).
(2) The enactments referred to in subsection (1) are—
(a) the Health Acts, 1947 to 1966,
(b) the Mental Treatment Acts, 1945 to 1966,
(c) the Births and Deaths Registration Acts, 1863 to 1952,
(d) the Notification of Births Acts, 1907 and 1915,
(e) the Acts relating to the registration of marriages,
(f) the Sale of Food and Drugs Acts, 1875 to 1936,
(g) Part I of the Children Act, 1908, and sections 2 and 3 of the Children (Amendment) Act, 1957,
(h) the Rats and Mice (Destruction) Act, 1919,
(i) the Blind Persons Act, 1920,
(j) the State Lands (Workhouses) Act, 1930 and the State Lands (Workhouses) Act, 1962,
(l) the Midwives Act, 1944, as amended by the Nurses Act, 1950,
(m) the Adoption Acts, 1952 and 1964,
(n) the Poisons Act, 1961.
(3) A reference in any enactment (other than the Health Services (Financial Provisions) Act, 1947) or any statutory instrument to a health authority shall be construed as a reference to a health board or, if the Minister by order so determines, the chief executive officer of a health board.
(4) Section 10 (1) (a) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952, is hereby amended by the substitution of “the health board” for “the public assistance authority under the Public Assistance Act, 1939 (No. 27 of 1939),”.
Local committees.
7.—(1) The Minister shall by regulations establish, in relation to the functional area of each health board, such number of committees (each of which shall be known and is in this Act referred to as a local committee) as appears to him to be appropriate.
(2) Regulations under this section shall contain provisions relating to the appointment, tenure of office, disqualification and removal of members of a local committee, the appointment of a chairman and a vice-chairman to a local committee, the holding of meetings and the quorum for and the procedure at meetings of a local committee.
(3) The membership of a local committee shall be specified in regulations under this section and such regulations shall provide for more than half of the members of the committee being persons who are members of the council of the county or county borough for the relevant area and, where appropriate, the Dún Laoghaire Borough Council.
(4) The Minister shall consult each health board, each council of a county, each corporation of a county borough or the Corporation of Dún Laoghaire before making regulations under this section affecting the functional area of the board, council or corporation concerned.
(5) (a) It shall be the principal function of a local committee to advise the health board on the provision by the board of health services in the functional area of the committee, and a health board shall consider any advice so tendered to it.
(b) A local committee shall perform such other functions as may, subject to any limitations specified by the Minister, be delegated to it by the appropriate health board.
Committees of health boards.
8.—(1) A health board may establish such committees as it thinks fit and may, subject to this Act, define the functions and procedure of any such committee and, subject to any limitations specified by the Minister, may delegate specified functions to any such committee.
(2) Membership of a committee appointed under this section may, with the consent of the Minister, include persons who are not members of the board.
Expenses of members of boards and committees.
9.—(1) A health board may make payments to a member of a health board or of a committee established under section 7 or 8 in respect of travelling and subsistence expenses incurred in attending a meeting of the board or of the committee or otherwise in the pursuance of the business of the board.
(2) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.
Allowances to chairmen and vice-chairmen of health boards.
10.—(1) A health board may, with the consent of the Minister, pay an allowance to its chairman in respect of expenses (other than expenses referred to in section 9) incurred by him in relation to the business of the board.
(2) A health board may, with the consent of the Minister, pay an allowance to its vice-chairman in respect of expenses (other than expenses referred to in section 9) incurred by him in relation to the business of the board.
(3) The amount of an allowance under this section and the nature of the expenses in respect of which it may be paid shall be such as may be approved by the Minister.
Joint action by health boards.
11.—(1) The Minister may by order provide for and authorise joint action by two or more health boards in the performance of any of their functions either in relation to the whole or part of their respective functional areas.
(2) An order under this section may provide for the manner in which the expenses incurred in carrying out the joint action are to be met and for the establishment of a joint board for the purposes of the order.
(3) The following provisions shall have effect in relation to a joint board established under this section:
(a) the board shall be a body corporate with perpetual succession by the name given to it by the order,
(b) the board may sue and be sued in its corporate name,
(c) the board shall have power to hold and dispose of land,
(d) the board shall provide and have a common seal which shall be authenticated by the signature of the chairman or some other member authorised to act in that behalf and the signature of an officer of the board authorised to act in that behalf,
(e) judicial notice shall be taken of the seal of the board and every document purporting to be an order or other instrument made by it and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (d)) shall be received in evidence and be deemed to be that order or instrument without further proof unless the contrary is shown,
(f) the Minister may by order apply to the board any provisions of this Act or of any regulations thereunder, with such modifications or limitations as he thinks fit and specifies by order.
(4) The Minister may by order revoke an order made under this section, and the revoking order shall contain such provisions as the Minister thinks necessary or expedient consequential on the revocation and, in particular, may make provision for—
(a) the dissolution of the joint board and the transfer of the property, rights and liabilities thereof to a health board, to two or more health boards, to another joint board or to two or more other joint boards,
(b) the preservation of continuing contracts made by the dissolved joint board,
(c) the continuance of pending legal proceedings,
(d) the transfer of the holder of an office under the dissolved joint board to a similar office under one of the health boards which appointed the members of the dissolved joint board or under another joint board the functional area of which is coterminous with, includes or is included in that of the dissolved joint board.
(5) Where, under an order under subsection (4), the holder of an office under a joint board is transferred to another office, the first-mentioned office shall, for the purpose of any enactment relating to superannuation, be deemed not to have been abolished.
Removal of board from office.
12.—(1) The Minister may by order remove from office the members of a health board if and whenever—
(a) he is satisfied, after causing a public local inquiry to be held into the board's performance of its duties, that the duties are not being duly and effectually performed,
(b) the board has refused or neglected to comply with a judgement, order or decree of any court,
(c) the board has refused, after due notice, to allow its accounts to be audited by the auditor appointed for that purpose under section 28, or
(d) the members of the board capable of acting are less in number than the quorum for meetings of the board.
(2) Where the Minister makes an order under subsection (1), he shall notify the persons who have been removed from office as members of the board of the making of the order and of his reasons for the removal.
(3) An order under this section shall include such provisions as the Minister considers necessary as a consequence of the removal from office of the members of the health board, including provisions for the discharge by a person or persons appointed by the Minister of the functions performable by the members.
(4) Within two years of the removal from office of the members of a health board under this section, the Minister shall by order provide for a new appointment of members to that board.
(5) For the purpose of appointments under subsection (4), section 4 and the regulations thereunder and the Second Schedule shall apply with any modifications required to permit such appointments to be made and which may be specified in the appropriate order made by the Minister under subsection (4).
Chapter II
Officers and Servants, etc.
Chief executive officers of health boards.
13.—(1) There shall be appointed, in respect of each health board established under this Act, a person who shall be called and shall act as the chief executive officer of the board.
(2) (a) Where a chief executive officer will for any reason, other than suspension from performance of his duties, be temporarily unable to act as such, he may, after consultation with the chairman of the health board (or, in his absence, the vice-chairman), appoint one of the other officers of that board to act as deputy chief executive officer for the duration of such inability.
(b) Where a chief executive officer has for any reason become temporarily unable to act as such and either he has not made an appointment under this subsection or an appointment made under this subsection, whether by such chief executive officer or otherwise, has become terminated under paragraph (d), or on account of the death or resignation of the appointee, the chairman of the health board (or, in his absence, the vice-chairman) may appoint one of the other officers of that board to act as deputy chief executive officer for the remainder of the duration of such inability.
(c) The Minister may specify classes of officers who may be appointed as deputy chief executive officer and any appointment under this subsection shall comply with any such specification.
(d) An appointment as deputy chief executive officer may at any time be terminated by the chairman of the health board with the consent of the Minister.
(e) An appointment as deputy chief executive officer shall terminate on the chief executive officer ceasing to be such officer.
(3) Any reference in this Act to a chief executive officer shall be construed as a reference to a person appointed under this section.
(4) A chief executive officer shall hold his office on such terms and conditions and shall perform such duties as the Minister from time to time determines.
(5) There shall be paid by a health board to its chief executive officer such remuneration and allowances as the Minister from time to time determines.
(6) The Minister may, before the establishment of a health board—
(a) request the Local Appointments Commissioners to select under section 15 a person for appointment as chief executive officer of the board,
(b) arrange for the training of a person so selected, and
(c) meet out of moneys provided by the Oireachtas, to such extent as may be sanctioned by the Minister for Finance, any expenditure (including the payment, until the establishment of the board, of remuneration to a person so selected) incurred under this subsection.
(7) On the establishment of the appropriate board, a person selected in accordance with subsection (6) shall be deemed to have been appointed to be the chief executive officer of that board.
(8) The appointment of a chief executive officer pursuant to a recommendation by the Local Appointments Commissioners made otherwise than for the purposes of subsection (6) shall be a function of the board.
(9) A temporary appointment of a chief executive officer may be made by the Minister after consultation with the chairman of the board or, in his absence, the vice-chairman of the board.
Other officers and servants of health boards.
14.—(1) In addition to the chief executive officer, there shall be appointed to a health board such and so many other officers and such and so many servants as the board from time to time determines in accordance with the directions of the Minister.
(2) The appointment of an officer referred to in subsection (1) or of a servant of a health board shall be a function of the chief executive officer.
(3) An officer or servant of a health board appointed under this section shall hold his office or employment on such terms and conditions and shall perform such duties as the chief executive officer from time to time determines.
(4) There shall be paid by a health board to an officer or servant appointed under this section such remuneration and allowances as the chief executive officer from time to time determines.
(5) (a) In making an appointment of an officer or servant, the chief executive officer shall act in accordance with the directions of the Minister, but no such direction shall be in conflict with section 15.
(b) In making a determination under subsection (3) or (4), the chief executive officer shall act in accordance with the directions of the Minister and shall have regard to any arrangements in operation for conciliation and arbitration for persons affected by the determination.
(6) Any officer of a health board who is aggrieved by a determination under subsection (3) or (4) may apply to the Minister to issue a direction in that respect under subsection (5).
(7) An officer appointed under this section may arrange for his duties to be performed for a specified period by a deputy nominated by the officer, with the consent of the Minister, or with the consent of the chief executive officer given in accordance with any directions given by the Minister.
(8) A deputy nominated under subsection (7) shall possess the relevant qualifications approved under section 18.
Application of Local Authorities (Officers and Employees) Acts, 1926 and 1940.
15.—(1) The Local Authorities (Officers and Employees) Acts, 1926 and 1940, shall apply to appointments of chief executive officers and of such other officers under health boards as the Minister, with the consent of the Local Appointments Commissioners, may from time to time determine as if the boards were local authorities, but subject to any modifications which the Minister may specify by order made with the consent of the Commissioners.
(2) References to the appropriate Minister in sections 29 and 30 of the Local Government Act, 1955, shall, in relation to appointments to health boards, be construed as references to the Minister.
Delegation by chief executive officer.
16.—(1) The chief executive officer of a health board may delegate any function performable by him to another officer of the board, subject to any directions in that respect which may be given by the Minister.
(2) Where a delegation to an officer is made under this section—
(a) the officer shall perform the delegated function under the general direction and control of the chief executive officer;
(b) the officer shall perform the delegated function in accordance with any limitations specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and
(c) a provision made by or under this or any other Act which vests functions in the chief executive officer or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the officer, with the substitution of the officer for the chief executive officer.
(3) Notwithstanding subsection (2), where a delegation to an officer is made under this section—
(a) the chief executive officer may, in any particular case of the performance of the function, inform the officer that he has decided to perform the function himself, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer, and
(b) if the officer is satisfied that, in any particular case of the performance of the function, performance would, because of the importance of the decision involved or because of any other reasonable consideration, be more appropriately effected by the chief executive officer, the officer may refer the case to the chief executive officer, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer.
(4) The chief executive officer may revoke a delegation under this section.
(5) Where a function is performed by an officer pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance—
(a) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the officer, the chief executive officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency, and
(b) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the chief executive officer, the officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency.
(6) A statement in writing that he has made a delegation under this section, signed by the chief executive officer, shall be received, without proof, as prima facie evidence of the delegation.
(7) A chief executive officer shall give notification of a delegation under this section or a revocation thereof to the Minister and to the health board at its next meeting.
Performance of duties of officers.
17.—(1) In the performance of their duties, the chief executive officer and the other officers of a health board shall act in accordance with such decisions and directions (whether of a general or a particular nature) as, subject to subsection (3), are conveyed to or through the chief executive officer by the board, and in accordance with any such decisions and directions so conveyed of a committee to which functions have been delegated by the board.
(2) When the chief executive officer or another officer of a health board performs a duty in accordance with subsection (1), he shall be deemed to act on behalf of the board.
(3) The board shall not take any decision or give any direction in relation to any matter which under this Act or any other enactment is a function of the chief executive officer or of another officer of the board.
(4) The following functions relating to a health board shall be functions of the chief executive officer of the board—
(a) any function specified by this Act or by any other enactment to be a function of the chief executive officer of the board,
(b) any function with respect to a decision as to whether or not any particular person shall be eligible to avail himself of a service (including a service for the payment of grants or allowances), or as to the extent to which, and the manner in which, a person shall avail himself of any such service,
(c) any function with respect to a decision as to the making or recovery of a charge, or the amount of any charge for a service for a particular person,
(d) any function with respect to the control, supervision, service, remuneration, privileges or superannuation of officers and servants of the board,
(e) such other functions as may be prescribed.
(5) Any dispute—
(a) as to whether or not a particular function is a function of the chief executive officer, or
(b) as to whether or not a particular function is a function of an officer of a health board other than the chief executive officer,
shall be determined by the Minister.
Qualifications for offices under health boards.
18.—The qualifications for appointment as an officer, or for continuing as an officer, under a health board shall be approved of or directed by the Minister and, in the case of an office to be filled by selection by the Local Appointments Commissioners, after consultation with the Commissioners.
Age limits.
19.—A person who is a permanent officer of a health board shall cease to be a permanent officer on his attaining the age of 65 years or, in a case where a higher age is fixed by order of the Minister, on his attaining that age.
Superannuation.
20.—The Local Government (Superannuation) Act, 1956, shall apply in relation to a health board and its officers and servants as if it were a local authority and they were officers and servants of a local authority.
Suspension and removal of chief executive officer.
21.—(1) A chief executive officer may be suspended from the performance of his duties by the Minister.
(2) A chief executive officer of a health board may be suspended from performance of his duties by the board by a resolution passed by the board for the purpose of the suspension and for the passing of which not less than two-thirds of the members of the board voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of the board when the notice was given.
(3) The chairman of the board shall notify the Minister of a suspension under subsection (2).
(4) A suspension of a chief executive officer may be terminated by the Minister.
(5) The Minister may remove a chief executive officer from being such officer where he is satisfied, following a local inquiry, that he has become incapable of performing the duties of chief executive officer, that he is unfit to be a chief executive officer or that he has misconducted himself as chief executive officer.
Suspension of other officers of health boards.
22.—(1) Whenever, in respect of an officer of a health board other than the chief executive officer, there is, in the opinion of the chief executive officer, reason to believe that the officer has misconducted himself in relation to his office or is otherwise unfit to hold office, the chief executive officer may, after consultation with the chairman or, in his absence, the vice-chairman of the board, suspend the officer from the performance of the duties of his office while the alleged misconduct or unfitness is being inquired into and any disciplinary action to be taken in regard thereto is being determined.
(2) The chief executive officer shall notify the Minister forthwith of any suspension under this section, and shall state the cause of the suspension to the officer and to the Minister.
(3) Every suspension under this section shall continue until terminated by the chief executive officer or, in the case of a suspension which has continued for longer than one month, the Minister.
(4) Whenever an officer of a health board is suspended under this section, he shall forthwith hand over to the board all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody or control which relate to his office.
(5) An officer suspended under this section shall not be paid any remuneration (other than remuneration for a period prior to his suspension) in respect of his office during the continuance of his suspension and, on the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited or paid to him or otherwise disposed of as may be directed by—
(a) in the case of a suspension of not more than one month's duration, the chief executive officer, and
(b) in any other case, the Minister.
(6) Whenever an officer of a health board is suspended under this section, the chief executive officer may, if he thinks fit, make with the consent of the Minister an ex gratia payment to the suspended officer.
(7) Any sum paid under subsection (6) shall be repayable by the officer to the health board and may be deducted from any moneys payable by the board to him.
(8) Any sum paid under subsection (6) shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1956.
Removal of officers and servants.
23.—(1) Subject to subsections (2) to (4), an officer or servant of a health board appointed under section 14 may be removed from being such officer or servant by the chief executive officer to the board.
(2) A permanent officer shall not be removed under this section because of misconduct or unfitness except—
(a) on a direction by the Minister under subsection (3) or
(b) on the recommendation of a committee under section 24 or on a direction by the Minister under section 24 (11).
(3) Where a permanent officer has misconducted himself by absenting himself from duty without leave or without reasonable cause, the Minister may direct his removal from office.
(4) A permanent officer shall not be removed under this section for a reason other than misconduct or unfitness except with the approval of the board.
(5) Removals of officers and servants under this section shall be carried out in accordance with regulations made by the Minister and such regulations shall provide—
(a) that effect shall not be given to any proposal for removal unless prescribed notice has been sent to the officer or servant of the reasons for the proposal, and
(b) that any representations made by him or on his behalf on the proposal which are received within a prescribed period shall be considered.
Committees for certain removals.
24.—(1) Whenever it is proposed to remove a permanent officer of a health board under section 23 because of misconduct (except as referred to in section 23 (3)) or unfitness, the Minister shall appoint a committee to perform the functions specified in this section relating to the proposal for such removal.
(2) Membership of a committee appointed under this section shall consist of—
(a) one person (being the chairman of the committee) who shall be selected by the Minister at his discretion,
(b) an even number of other persons of whom—
(i) half shall be selected by the Minister from a panel of persons nominated by such organisation (or organisations) as is (or are), in the opinion of the Minister, representative of the class of officers to which the person belongs or where, in the opinion of the Minister, there is no such organisation or where nominations under this subparagraph have not been made, from such persons as he considers appropriate, and
(ii) half shall be selected by the Minister from a panel of persons nominated by the chief executive officer of the health board.
(3) Nominations of persons to a panel referred to in subsection (2) (b) shall be for such period as is prescribed and new nominations shall be made from time to time to fill vacancies on the panel.
(4) The chairman of a committee under this section shall, in relation to the functions of the committee, have the same powers as an inspector of the Minister has under section 86 of the Local Government Act, 1941, when holding a local inquiry.
(5) A committee under this section, having inquired into the proposal to remove the officer, shall make such recommendation to the chief executive officer as it thinks fit.
(6) Any question arising before a committee under this section shall be decided by the majority of the members of the committee who are present and vote and, in case of equality of votes on any question, the chairman shall have a second or casting vote.
(7) A committee under this section may act notwithstanding any vacancy among its members.
(8) The Minister may make regulations governing the performance by committees under this section of their functions.
(9) When a committee under this section recommends the removal of an officer, the chief executive officer may remove the officer after the expiration of a period of twenty-one days, unless a request has been made to the Minister under subsection (10).
(10) An officer in relation to whom a recommendation for removal has been made under subsection (5), may, in the prescribed manner and subject to the prescribed conditions, request the Minister to issue a direction to the chief executive officer in relation to that recommendation.
(11) Where a request is made to the Minister under subsection (10), the Minister may give to the chief executive officer a direction to remove the officer, a direction not to remove the officer or such other direction as he considers appropriate, and the chief executive officer shall comply with the direction.
(12) The Minister may, out of moneys provided by the Oireachtas and to such extent as may be sanctioned by the Minster for Finance, make payments in respect of travelling and subsistence expenses and pay fees to members of committees established under this section.
Arrangements between health boards and local authorities.
25.—(1) Where—
(a) a local authority is of opinion that it would be more convenient that any power, function or duty which may be exercised or performed by it should be exercised or performed, whether generally or in a particular case, by a health board, and
(b) the health board is able and willing so to exercise or perform the power, function or duty,
the authority and the board may, with the consent of the Minister for Local Government, make an arrangement for the power, function or duty to be so exercised or performed on behalf of the authority by the board, and it shall thereupon become so exercisable or performable by the board.
(2) The making of an arrangement under subsection (1) shall be a reserved function of the local authority.
(3) Where a local authority is of opinion that it would be convenient for duties in relation to its powers and functions to be performed by an officer of a health board, that duty may be assigned to that officer by the chief executive officer of the health board in the same way as duties relating to the powers and functions of the board.
(4) Where the chief executive officer of a health board is of opinion that it would be convenient that duties relating to any of the powers or functions of the board or its officers should be assigned to an officer of a local authority, those duties may be assigned to such an officer by the local authority in the same way as duties under the local authority.
Arrangements by health boards for provision of services.
26.—(1) A health board may, in accordance with such conditions (which may include provision for superannuation) as may be specified by the Minister, make and carry out an arrangement with a person or body to provide services under the Health Acts, 1947 to 1970, for persons eligible for such services.
(2) Two health boards may make and carry out an arrangement for the provision by one of them on behalf of and at the cost of the other of services under the Health Acts, 1947 to 1970.
Chapter III
Finance
Accounts of health boards.
27.—Accounts shall be kept by a health board in such form, and shall be made up at such times and in respect of such periods, as may be prescribed by the Minister, with the consent of the Minister for Finance.
Audits of health board accounts.
28.—(1) Accounts of a health board shall be audited by a local government auditor appointed by the Minister after consultation with the Minister for Local Government.
(2) The following enactments, as amended or adapted by or under any subsequent enactment (including any enactment passed after the passing of this Act), shall apply in relation to the audit and auditor of the accounts of a health board in the same manner as they apply in relation to the audit and auditor of the accounts of a local authority—
(a) section 12 of the Local Government (Ireland) Act, 1871,
(b) section 63 (2) of the Local Government (Ireland) Act, 1898,
(c) sections 19 to 21 of the Local Government (Ireland) Act, 1902,
(d) sections 69 to 71 and 86 of the Local Government Act, 1941,
subject to the following modifications:
(i) the references in those enactments (as so amended or adapted), to the Minister for Local Government shall be construed as references to the Minister,
(ii) a reference in section 70 or 71 of the Local Government Act, 1941, to the prescribed period shall, in the case of an audit of the accounts of a health board, be construed as a reference to the period which is the prescribed period for such local authority as the Minister may for this purpose direct.
Abstract of health board accounts.
29.—(1) The abstract of accounts of a health board shall be certified by the auditor appointed under section 28 and shall be published by the board and copies shall be sent by the auditor to the Minister and to the local authorities which appoint members to the board.
(2) The Minister shall cause copies of the abstract to be laid before each House of the Oireachtas and shall cause copies to be sent to the Minister for Finance.
Health board estimates.
30.—A health board shall submit estimates of receipts and expenditure to the Minister in such form, in respect of such periods, and at such times as he may direct, and shall furnish to the Minister any information which he requires in relation to such estimates.
Limitations on expenditure by health board.
31.—(1) A health board shall not, save with the Minister's consent, incur expenditure for any service or purpose within any period in excess of such sum as may be specified by the Minister in respect of that period.
(2) (a) The chief executive officer of a health board shall not in the performance of his functions do anything which would incur expenditure by the board in contravention of this section.
(b) If at any time the chief executive officer of a health board is of opinion that a decision or proposed decision of the board would incur expenditure by the board in contravention of this section, he shall so inform the board and the Minister.
Grants and local contributions to health boards.
32.—(1) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards.
(2) Grants to a health board under subsection (1) shall consist of—
(a) grants to defray one-half of that part of the expenditure of the board (other than capital expenditure and expenditure on loan charges), as authorised under this Act, which is not met by receipts other than grants and contributions under this section.
(b) supplementary grants, as determined by the Minister after consultation with the Minister for Local Government and with the consent of the Minister for Finance, towards the reduction of the amount of expenditure to be met by contributions under subsection (3).
(3) The expenditure of a health board established by this Act which is not met by grants under subsection (2) and other receipts shall be contributed by the local authorities required under this Act to appoint members to the board 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 board, in such proportions as may be determined by a person appointed for that purpose by the Minister.
(4) An agreement or determination under subsection (3) shall have effect as from the establishment of the health board to which it relates.
(5) (a) An agreement under subsection (3) may be varied—
(i) by agreement between the local 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 local authorities concerned, appoints to review the agreement.
(b) A determination under subsection (3) may be varied—
(i) by agreement between the local 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 local authorities concerned or on his own initiative, appoints to review the determination.
(6) A person appointed by the Minister to make or vary a determination under this section shall have regard to such matters as may be specified by the Minister after consultation with the Minister for Local Government.
(7) The making of an agreement under subsection (3) or a request under subsection (5) by a local authority shall be a reserved function for the purpose of the County Management Acts, 1940 to 1955, or the Acts relating to the management of county boroughs, as may be appropriate.
(8) (a) Pending the making of an agreement or determination under subsection (3), the expenditure of a health board which is not met by grants under subsection (2), and other receipts shall be met, in such proportions as may be specified by the Minister, by the local authorities required under this Act to appoint members to the board.
(b) The specification of proportions under paragraph (a) shall be subject to the relevant agreement or determination pursuant to subsection (3) when that agreement or determination has been made, and appropriate adjustments shall be made accordingly.
(9) A contribution under this section by the council of the county of Dublin to a health board shall be charged on the County Health District of Dublin.
(10) (a) Where a sum is due and payable under this section to a health board by a local authority, the amount of the sum may be deducted from any money payable to that local authority by any Minister for any purpose whatsoever.
(b) Every amount deducted under this subsection shall be paid to the health board concerned and credited in the accounts thereof as a payment by the local authority of the money for which the amount was so deducted.
Borrowing and acceptance of gifts by health boards.
33.—(1) A health board may borrow money subject to any conditions specified by the Minister and in accordance with any directions given by him.
(2) Borrowing under this section may be effected in any manner which the health board consider suitable including, in particular, by way of mortgage, drawing of bills of exchange, issue of stock or bonds, temporary loan or overdraft.
(3) A loan under this section and the interest or dividends thereon may be secured on the revenues, funds or property of the health board.
(4) Money borrowed pursuant to this section may be lent by means of an issue from the local loans fund as if the loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1968, and was authorised by an Act of the Oireachtas.
(5) A health board may accept a gift of money, land or other property on such trusts and conditions as may be specified by the person making the gift but shall not accept a gift if any conditions attached to the acceptance thereof are inconsistent with the board's functions.
Chapter IV
Dissolution of Certain Bodies, etc.
Dissolutions of certain health authorities and consequential provisions.
34.—(1) The Minister shall by order provide for the dissolution of the Dublin Health Authority, the Cork Health Authority, the Limerick Health Authority and the Waterford Health Authority.
(2) An order under this section may include provisions for—
(a) the transfer of any of the property, rights and liabilities of the Authority (in this section and in the Third Schedule referred to as the dissolved body) to the relevant health board or to a relevant local authority,
(b) the preservation of continuing contracts made by the dissolved body,
(c) the continuance of pending legal proceedings,
(d) the transfer of the holder of any health office under the dissolved body to an office under the relevant health board which, in the opinion of the Minister, is similar to that health office,
(e) the transfer, with the consent of the Minister for Social Welfare, of the holder of any public assistance office under the dissolved body to an office under the relevant health board or a relevant local authority which, in the opinion of that Minister, is similar to that public assistance office.
(3) The Third Schedule shall have effect in relation to a dissolution under this section, and to any transfers of property, rights and liabilities, preservation of contracts, continuance of legal proceedings or transfers of officers provided for by an order under this section, and in that Schedule references to the commencement shall be construed as references to the commencement of the order.
(4) Where, immediately before the commencement of an order under this section, 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 a health board or local authority in accordance with the order, 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 board or local 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 chief executive officer to the health board after its establishment or by the local authority.
(5) In this section—
“health office” means an office in relation to which ministerial functions under the Local Government Acts, 1925 to 1968, were, immediately before the commencement of the appropriate order, performable by the Minister;
“public assistance office” means an office in relation to which ministerial functions under the Local Government Acts, 1925 to 1968, were, immediately before the commencement of the appropriate order, performable by the Minister for Social Welfare;
“relevant health board” means, in relation to a particular dissolved body, the health board the functional area of which includes the area which, before the commencement of the appropriate order under this section, was the functional area of the dissolved body;
“relevant local authority” means, in relation to a particular dissolved body, a local authority specified in section 84, the functional area of which, before the commencement of the appropriate order under this section, was included in the functional area of the dissolved body.
Dissolutions of joint boards under section 45 of Health Act, 1953.
35.—(1) The Minister shall, by order under section 45 (9) of the Health Act, 1953, which shall be expressed to come into operation on the commencement of this section, revoke any orders then operative providing for the establishment of joint boards under that section and, for the purpose of any such order, the said section 45 (9) shall be construed with the following modifications:
(a) paragraph (a) shall be construed as if “a health board or two or more health boards or to a joint board of health boards or a regional hospital board” were substituted for “a health authority or two or more health authorities or to another joint board or to two or more other joint boards”;
(b) paragraph (d) shall be construed as if “a health board or a joint board of health boards” were substituted for “one of the health authorities who appointed the members of the dissolved joint board or under another joint board the functional area of which is coterminous with, includes or is included in that of the dissolved joint board”.
(2) A reference in subsection (1) to a joint board of health boards shall be construed as a reference to a joint board established under section 11.
Transfers of certain property.
36.—(1) On the commencement of section 6 the following property—
(a) all health institutions, and all other property, whether real or personal (including choses-in-action), which, immediately before such commencement, was vested in or belonged to or was held in trust for a local authority (other than as a sanitary authority) and was property which was solely for the purposes of services to be transferred on such commencement, and
(b) all other property, whether real or personal (including choses-in-action), which, immediately before such commencement, was vested in or belonged to or was held in trust for a local authority and had been designated by that authority as property to be transferred to the health board,
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 board for all the estate, term or interest for which the same immediately before such commencement was vested in or belonged to or was held in trust for the local authority, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(2) All property transferred by subsection (1) to a health board which, immediately before the commencement of section 6, was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of a local authority shall, on the request of the health board made at any time after such commencement, be transferred in the books by the bank, corporation or company into the name of the health board.
(3) Every chose-in-action transferred by subsection (1) to a health board may, after the commencement of this section, be sued on, recovered, or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.
(4) After the commencement of this section, every bond, guarantee, or other security of a continuing character made or given by a local authority to another person, or by any person to a local authority, which was in force immediately before such commencement and which related solely to services to be transferred on the commencement of section 6 to the health board, and every contract or agreement in writing made between a local authority and another person which was not fully executed and completed before such commencement and which related solely to services to be transferred on such commencement shall be construed and have effect as if the name of the health board were substituted therein for the name of the local authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.
(5) After the commencement of this section, every rule and regulation lawfully made by a local authority which was in force immediately before such commencement and which related solely to services to be transferred on the commencement of section 6 to the health board shall, so far as it is not inconsistent with this Act, continue in force and have effect as a rule or regulation made on such commencement by the health board 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 local authority and, accordingly, every such rule and regulation may be continued, varied or revoked, and penalties and forfeitures arising thereunder before or after such commencement may be recovered and enforced by the health board in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the local authority if this Act had not been passed.
(6) After the commencement of this section, every resolution passed, order made, and notice served by a local authority before such commencement, the operation, effect or term of which had not ceased or expired before such commencement (being a resolution, order or notice relating solely to services to be transferred on the commencement of section 6 to the health board) 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 board on the date on which the same was actually passed, made or served by the local authority and as if the functions of the health authority were on that date performable by the health board.
(7) All loan charges which are in respect of money borrowed for the purposes of property transferred by subsection (1) to a health board and become payable after the commencement of this section shall be payable by the health board.
(8) Any debt of a local authority in respect of which loan charges become payable by a health board under subsection (7) shall become and be a debt of the board.
(9) Where—
(a) property falls to be transferred from a local authority under this section,
(b) the entire functional area of that authority is not included in the functional area of one health board, and
(c) a doubt or dispute arises as to the health board to which the transfer is to be made under this section,
the Minister shall nominate the health board to which the transfer is to be made, and references in this section to a health board shall be construed accordingly in relation to that property.
(10) The Minister may by order provide for the transfer of any specified health institution to a regional hospital board and may in such order provide for the application of any provision of this section to such transfer in the same way as it applies to a transfer to a health board.
(11) Where the Minister has made an order under subsection (10), the relevant property shall not be included in the property transferred to a health board under subsection (1).
Transfer of certain officers and continuance of certain contracts of service.
37.—(1) On the commencement of section 6 every officer of each local authority appointing members of the health board who, immediately before such commencement, was an officer to be transferred under this subsection shall become an officer of the health board and, for the purpose of any enactment relating to superannuation, his office under the local authority shall be deemed not to have been abolished.
(2) In subsection (1) the reference to an officer to be transferred under that subsection shall be construed as referring to any of the following officers—
(a) any officer whose duties relate solely to services which, on the commencement of section 6, are to become transferred to the health board,
(b) any officer, other than an officer referred to in paragraph (a), in relation to whom ministerial functions under the Local Government Acts, 1925 to 1968, are vested in the Minister, other than any such officer designated by the Minister as being an officer not to be transferred under that subsection, and
(c) any officer, other than an officer referred to in paragraph (a) or an officer to be transferred under paragraph (b), who has been designated by the local authority appointing members of the health board as an officer to be transferred under that subsection.
(3) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office to which the holder would be transferred to the health board pursuant to subsection (1), 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 board 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 chief executive officer to the health board after such commencement.
(4) Any question arising as to whether a particular officer or officers of a particular class is or are transferred pursuant to subsection (1) or as to the board to which an officer is to be transferred shall be referred to and decided by the Minister.
(5) Every contract of service, express or implied, which was in force immediately before the commencement of this section between a local authority appointing members of the health board and any person who was not an officer of the local authority but who was a person to be transferred under this subsection, shall continue in force after such commencement, but shall be construed and have effect as if the health board were substituted therein for the local authority, and every such contract shall be enforceable by or against the health board accordingly.
(6) In subsection (5) 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 commencement of section 6, are to become transferred to the health board, and
(b) any person, other than a person referred to in paragraph (a), who had been designated by the local authority appointing members of the health board as a person to be transferred under that subsection.
(7) Any question arising in relation to subsection (5) 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 the Minister.
PART III
Hospitals, etc.
Provision and maintenance of hospitals, etc.
38.—(1) A health board may, with the consent of the Minister, provide and maintain any hospital, sanatorium, home, laboratory, clinic, health centre or similar premises required for the provision of services under the Health Acts, 1947 to 1970.
(2) The Minister may give to a health board such direction as he thinks fit in relation to the provision or maintenance of any premises provided and maintained under subsection (1) and in relation to the arrangements for providing services therein, and the health board shall comply with any such direction.
(3) A health board may and, if directed by the Minister, shall discontinue the provision and maintenance of any premises provided and maintained by it under subsection (1).
(4) A health board shall not exercise its powers under subsection (3) in relation to the discontinuance of the provision and maintenance of a hospital, sanatorium or home save with the consent of the Minister.
(5) The Minister shall not give a direction under subsection (3) in relation to the discontinuance of the provision and maintenance of a hospital, sanatorium or home save after having caused a local inquiry to be held into the desirability of the discontinuance.
(6) Where, on a discontinuance under subsection (3), a person who held an office under the health board in the premises affected is offered a similar office by the board, the first-mentioned office shall, for the purposes of the superannuation of the person, be deemed not to have been abolished.
Religious services.
39.—(1) A health board shall make arrangements with the appropriate authorities for the performance of religious services in each hospital, sanatorium and home maintained by it.
(2) The amount of any payment made to a person by a health board under an arrangement under this section shall be subject to the approval of the Minister.
Acquisition of land for voluntary bodies.
40.—(1) A health board may, on the request of a body which provides or proposes to provide institutional services or any other service similar or ancillary to a service which the health board may provide, and with the consent of the Minister, provide for the body any land which is shown by the body, to the satisfaction of the health board, to be required for the efficient performance of the functions of the body.
(2) Where a health board decides to provide land under this section for a body, it may acquire the land either by agreement with the consent of the Minister or compulsorily under Part VIII of the Health Act, 1947, and may lease such land to or for the benefit of the body.
(3) Where a health board is requested by a body to provide under this section any land for the body, the board may, as a condition precedent to its so providing the land, require the body to undertake to defray the whole or part of the cost of so providing the land.
Bodies for co-ordination and development of hospital services.
41.—(1) (a) The Minister, after consultation with such bodies representative of persons concerned with the provision of hospital services and such other bodies (including bodies engaged in medical education) as he considers appropriate, shall by regulations establish a body which shall be known as Comhairle na nOspidéal and is in this section referred to as the Council.
(b) The functions of the Council shall be—
(i) to regulate the number and type of appointments of consultant medical staffs and such other officers or staffs as may be prescribed, in hospitals engaged in the provision of services under this Act;
(ii) to specify qualifications for appointments referred to in subparagraph (i), subject to any general requirements determined by the Minister;
(iii) to advise the Minister or any body established under this Act on matters relating to the organisation and operation of hospital services;
(iv) to prepare and publish reports relating to hospital services;
(v) to perform any functions which may be prescribed, after consultation with the Council and with such bodies engaged in medical education as appear to the Minister to be appropriate, in relation to the selection of persons for appointments referred to in subparagraph (i); and
(vi) to perform such other cognate functions in relation to hospital services as may be prescribed.
(c) Before making a decision in pursuance of paragraph (b) (i) in relation to an appointment, the duties in relation to which involve the teaching of clinical medicine or the conduct of medical research under the direction of one or more than one college, the Council shall consult each such college.
(d) A function in relation to the selection of a person for an appointment, the holder of which is a full-time or whole-time professor in a college, shall not be prescribed under paragraph (b) (v) save with the consent of that college.
(e) In this subsection “college” means a college which awards a qualifying diploma mentioned in the Second Schedule to the Medical Practitioners Act, 1927, or a college of a university which awards such a diploma.
(f) Not less than half of the persons appointed to be members of the Council shall be registered medical practitioners engaged in a consultant capacity in the provision of hospital services.
(g) Regulations under this subsection may provide for the procedure for the selection of persons for appointment to the Council.
(2) (a) The Minister shall by regulations establish a regional hospital board for each of three regions based on Dublin, Cork and Galway and by such regulations shall specify the title and functional area of each board so established and, subject to paragraph (c), shall specify the membership of each such board.
(b) A regional hospital board shall perform such functions as may be prescribed in relation to the general organisation and development of hospital services in an efficient and satisfactory manner in the hospitals administered by health boards and other bodies in its functional area which are engaged in the provision of services under this Act.
(c) One-half of the members of a regional hospital board shall be persons appointed by the health boards the functional areas of which are included in the functional area of the regional hospital board and one-half shall be appointed by the Minister after consultation with, or on nominations of, such bodies representative of persons concerned with the provision of hospital services and such other bodies (including bodies engaged in medical education) as the Minister considers appropriate.
(d) A reference in this Act to a regional hospital board shall be construed as a reference to a body established under this subsection.
(3) The following provisions shall have effect in relation to a body established under this section—
(a) it shall be a body corporate with perpetual succession;
(b) it may sue and be sued in its corporate name and may hold and dispose of land;
(c) it shall provide and have a common seal and all courts of justice shall take judicial notice of the seal;
(d) Rules 6, 7, 10, 13, 14 (2), 15 and 18 to 32 of the rules set out in the Second Schedule shall apply in relation to the body and for this purpose any reference in those rules to the board shall be construed as a reference to the body.
(4) The first meeting of a body established under this section shall be held on a day to be appointed by the Minister and the body shall hold such other meetings as may be necessary for the performance of its functions.
(5) (a) The Minister shall from time to time appoint, from amongst the members of a body established under this section, a chairman and a vice-chairman of that body.
(b) A chairman or vice-chairman appointed under this subsection shall hold office for the period specified by the Minister at his appointment unless—
(i) he ceases to be, or becomes disqualified for being, a member of the body;
(ii) he resigns the office of chairman or vice-chairman and his resignation becomes effective under this subsection;
(iii) the Minister terminates his appointment as chairman or vice-chairman.
(c) A chairman or vice-chairman appointed under this subsection may at any time resign his office of chairman or vice-chairman by giving notice in writing signed by him to the Minister, but the resignation shall not become effective until the commencement of the meeting of the body held next after the receipt by the Minister of the resignation.
(6) A body established under this section shall not dispose of land or property save with the consent of the Minister.
(7) (a) A body established under this section may appoint such committees as it thinks fit and may define the functions and procedure of any such committee and, subject to any limitation specified by the Minister, may delegate specified functions to any such committees.
(b) Membership of a committee appointed under this subsection may, with the consent of the Minister, include persons who are not members of the body appointing it.
(8) Regulations under this section shall contain such provisions as the Minister, subject to subsection (1) (b), considers appropriate in relation to the number, grades, method of appointment, conditions of service, tenure of office and remuneration of the officers and servants of a body established under this section.
(9) The following provisions shall apply in relation to appointments referred to in subsection (1) (b) (i) by a regional hospital board:
(a) the remuneration and allowances and any ancillary expenses in relation to a person so appointed who is assigned to a health board or a particular hospital or group of hospitals shall be recouped to the regional hospital board by the health board or the authorities of the hospital or the group of hospitals;
(b) any such person while so assigned shall be subject to the like controls as apply under this Act or otherwise to officers of the health board or to appointments to the particular hospital or group of hospitals, as may be appropriate.
(10) (a) Regulations under subsection (2) may provide that any reference to a health board in this Act (other than in sections 13, 14, 16, 17, 22 and 23) or in any other enactment shall be construed as including a reference to a regional hospital board.
(b) This subsection shall not operate to permit the application by section 15 of the Local Authorities (Officers and Employees) Acts, 1926 and 1940, to appointments other than for hospitals maintained by health boards.
(11) The Minister may, out of moneys provided by the Oireachtas, pay a grant to a body established under this section.
(12) The Hospitals Trust Board shall make out of the Hospitals Trust Fund such contributions towards the expenses of a body established under this section as the Minister from time to time directs.
(13) A body established under this section may accept a gift of money, land or other property on such trusts and conditions as may be specified by the person making the gift, but shall not accept a gift if any conditions attached to the acceptance thereof are inconsistent with the functions of the body.
(14) A draft of regulations which it is proposed to make under this section 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 House.
(15) Section 5 (5) of the Health Act, 1947, shall not apply to regulations under this section.
(16) Nothing in this section or in regulations made thereunder shall operate to terminate or affect in any way any rights which a person referred to in subsection (1) (b) (i) had on the 1st day of October, 1969.
Dissolution of Hospitals Commission.
42.—(1) The Hospitals Commission (in this section referred to as the Commission) is hereby dissolved.
(2) The Minister may by order make such provisions as he thinks necessary or expedient consequential on the dissolution of the Commission and, in particular, for—
(a) the transfer of property, rights and liabilities of the Commission to a body established under this Act,
(b) the preservation of continuing contracts made by the Commission,
(c) the continuance of pending legal proceedings to which the Commission is a party,
(d) the transfer of the holder of any office under the Commission to a similar office under a body established under this Act.
(3) This section shall come into operation on such date not earlier than the 1st day of January, 1971, as the Minister shall by order appoint for that purpose.
Amendment of Public Hospitals Act, 1933.
43.—(1) The definition of “hospital” in section 1 of the Act of 1933 is hereby amended by the insertion of “or for providing services for hospitals” after “medical research”.
(2) Section 14 (5) of the Act of 1933, in its operation in relation to appointments made between the commencement of this section and the commencement of section 42, shall be construed as if “such period as may be specified by the Minister” were substituted for “two years”.
(3) In this section “the Act of 1933” means the Public Hospitals Act, 1933.
Administration of Central Mental Hospital.
44.—(1) The Minister may, by order made with the consent of the Minister for Finance, arrange for the transfer of the administration of the Central Mental Hospital to the health board (in this section referred to as the relevant health board) the functional area of which includes the county of Dublin.
(2) Where an order has been made under this section—
(a) the Central Mental Hospital shall be administered by the relevant health board and its officers and servants, as if it were a hospital maintained by the board under section 38 and
(b) a reference in any enactment to the resident governor and physician of the Central Mental Hospital shall be construed as a reference to the officer of the relevant health board who is for the time being the senior medical officer of that Hospital.
(3) Any person who, immediately before the commencement of this section, was an officer of the Minister employed in the Central Mental Hospital and who opts within the period of six months beginning on such commencement to be appointed to an office under the relevant health board shall be so appointed by the chief executive officer as from the commencement of an order under this section.
(4) Notwithstanding the provisions of the Central Criminal Lunatic Asylum (Ireland) Act, 1845, the Minister may, with the consent of the Minister for Finance, arrange for functions relating to the repairing, enlarging, improving, upholding or furnishing of the Central Mental Hospital to be performed by the relevant health board.
PART IV
Health Services
Chapter I
Eligibility
Full eligibility.
45.—(1) A person in either of the following categories shall have full eligibility for the services under this Part—
(a) adult persons unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants,
(b) dependants of the persons referred to in paragraph (a).
(2) In deciding whether or not a person comes within the category mentioned in subsection (1) (a), regard shall be had to the means of the spouse (if any) of that person in addition to the person's own means.
(3) The Minister may, with the consent of the Minister for Finance, by regulations specify a class or classes of persons who shall be deemed to be within the categories mentioned in subsection (1).
(4) A draft of regulations which it is proposed to make under this section 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 House.
(5) Section 5 (5) of the Health Act, 1947, shall not apply to regulations under this section.
(6) References in this Part to persons with full eligibility shall be construed as referring to persons in the categories mentioned in subsection (1) or deemed to be within those categories.
(7) Any person who is not in either of the categories mentioned in subsection (1) but who, in relation to a particular service which is available to persons with full eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with full eligibility.
Limited eligibility.
46.—(1) A person in any of the following categories who is without full eligibility shall have limited eligibility for the services under this Part—
(a) persons insured under the Social Welfare Act, 1952,
(b) adult persons whose yearly means are less than £1,200,
(c) adult persons whose yearly means are, in the opinion of the chief executive officer of the appropriate health board, derived wholly or mainly from farming, if the rateable valuation of the farm or farms concerned (including the buildings thereon) is not more than £60,
(d) dependants of persons referred to in paragraphs (a), (b) and (c).
(2) Yearly means for the purposes of this section shall be calculated in accordance with Rule 1 of the Rules contained in the Seventh Schedule to the Social Welfare Act, 1952, and shall include, in relation to any person, the yearly means of a spouse of that person where the spouse is resident with that person.
(3) The Minister may, with the consent of the Minister for Finance, by regulations substitute for subsections (1) and (2) other provisions defining in such manner as he thinks fit categories of persons with limited eligibility.
(4) A draft of regulations which it is proposed to make under subsection (3) 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 House.
(5) Section 5 (5) of the Health Act, 1947, shall not apply to regulations under this section.
(6) On the commencement of regulations under subsection (3), subsection (1) shall cease to have effect and, if the regulations so provide, subsection (2) shall also cease to have effect.
(7) References in this Part to persons with limited eligibility shall be construed as referring to persons in the categories specified under this section or under regulations made under this section, as may be appropriate.
(8) Any person who is not in any of the categories specified in subsection (1) or in regulations under subsection (3) but who, in relation to a particular service which is available to persons with limited eligibility, is considered by the chief executive officer of the appropriate health board to be unable, without undue hardship, to provide that service for himself or his dependants shall, in relation to that service, be deemed to be a person with limited eligibility.
Appeals.
47.—(1) When, in the administration of section 45 or 46, an officer of a health board decides that a person does not come within a category specified by or under the relevant section, an appeal shall lie from the decision to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.
(2) The Minister may by regulations provide for the making and determination of appeals under this section.
Declaration regarding means.
48.—For the purpose of determining whether a person is or is not a person with full eligibility or a person with limited eligibility, or a person entitled to a particular service provided under the Health Acts, 1947 to 1970, a health board may require that person to make a declaration in such form as it considers appropriate in relation to his means and may take such steps as it thinks fit to verify the declaration.
Change of circumstances.
49.—(1) Where a person is recorded by a health board as entitled, because of specified circumstances, to a service provided by the board under the Health Acts, 1947 to 1970, he shall notify the board of any change in those circumstances which disentitles him to the service.
(2) A person who knowingly contravenes subsection (1) shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £50.
Charge where person not entitled obtains service.
50.—When a person has obtained a service under the Health Acts, 1947 to 1970, and it is ascertained that he was not entitled to the service, the appropriate health board may charge therefor a charge approved of or directed by the Minister.
Chapter II
Hospital In-Patient and Out-Patient Services
In-patient services.
51.—In this Part “in-patient services” means institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto.
Provision of in-patient services.
52.—(1) A health board shall make available in-patient services for persons with full eligibility and persons with limited eligibility.
(2) A health board shall make available in-patient services for children not included among the persons referred to in subsection (1) in respect of diseases and disabilities of a permanent or long-term nature prescribed with the consent of the Minister for Finance.
Charges for in-patient services.
53.—(1) Save as provided for under subsection (2) charges shall not be made for in-patient services made available under section 52.
(2) The Minister may, with the consent of the Minister for Finance, make regulations—
(a) providing for the imposition of charges for in-patient services in specified circumstances on persons who are not persons with full eligibility or on specified classes of such persons, and
(b) specifying the amounts of the charges or the limits to the amounts of the charges to be so made.
In-patient services at choice of patient, etc.
54.—A person entitled to avail himself of in-patient services under section 52 or the parent of a child entitled to allow the child to avail himself of such services may, if the person or parent so desires, instead of accepting services made available by the health board, arrange for the like services being provided for the person or the child in any hospital or home approved of by the Minister for the purposes of this section, and where a person or parent so arranges, the health board shall, in accordance with regulations made by the Minister with the consent of the Minister for Finance, make in respect of the services so provided the prescribed payment.
In-patient services for persons not entitled under section 52.
55.—A health board may make available in-patient services for persons who do not establish entitlement to such services under section 52 and (in private or semi-private accommodation) for persons who establish such entitlement but do not avail themselves of the services under that section and the board shall charge for any services so provided charges approved of or directed by the Minister.
Out-patient services.
56.—(1) For the purposes of this section “out-patient services” means institutional services other than in-patient services provided at, or by persons attached to, a hospital or home and institutional services provided at a laboratory, clinic, health centre or similar premises, but does not include—
(a) the giving of any drug, medicine or other preparation, except where it is administered to the patient direct by a person providing the service or is for psychiatric treatment, or
(b) dental, ophthalmic or aural services.
(2) A health board shall make available out-patient services without charge for persons with full eligibility and for persons with limited eligibility.
(3) A health board shall make available out-patient services without charge for children not included among the persons referred to in subsection (2) in respect of diseases and disabilities of a permanent or long-term nature prescribed with the consent of the Minister for Finance.
(4) A health board shall make available out-patient services without charge for children not included among the persons referred to in subsection (2) in respect of defects noticed at an examination under the service mentioned in section 66.
(5) A health board may make available out-patient services for persons not entitled to such services under subsection (2) to (4) and the board shall charge for any services so provided charges approved of or directed by the Minister.
Provision of ambulances, etc.
57.—(1) A health board may make arrangements for providing ambulances or other means of transport for the conveyance of patients from places in the board's functional area to places in or outside that area or from places outside the functional area to places in that area.
(2) In making arrangements under this section, a health board shall act in accordance with the directions of the Minister.
(3) When a person makes use of an ambulance or other means of transport provided under this section, the chief executive officer of the health board concerned may, at his discretion but subject to any relevant regulations under section 31 of the Health Act, 1947, direct that—
(a) a charge be made for the use in accordance with regulations made by the board, or
(b) no charge be made therefor.
Chapter III
General Medical Services
General practitioner medical and surgical service.
58.—(1) A health board shall make available without charge a general practitioner medical and surgical service for persons with full eligibility.
(2) Regulations relating to the service under this section shall be made with the consent of the Minister for Finance and shall provide that, insofar as it is considered practicable by the Minister, a choice of medical practitioner shall be offered, subject to conditions prescribed in the regulations, to persons availing themselves of the service under this section.
Drugs, medicines and appliances.
59.—(1) A health board shall make arrangements for the supply without charge of drugs, medicines and medical and surgical appliances to persons with full eligibility.
(2) When a person with limited eligibility, or a person with full eligibility who does not avail himself of the service under subsection (1), satisfies the chief effective officer of the health board that, in respect of a period and to an amount determined by regulations made by the Minister, he has incurred expenditure on drugs, medicines and medical and surgical appliances which were obtained on the prescription of a registered medical practitioner and were for the treatment of that person or his dependants, the health board shall make arrangements to meet the balance of the cost, or a proportion thereof (as may be prescribed) of the person's being supplied in respect of that period with such drugs, medicines and medical and surgical appliances.
(3) A health board may make arrangements for the supply without charge of drugs, medicines or medical and surgical appliances to persons suffering from a prescribed disease or disability of a permanent or long-term nature.
(4) Regulations relating to the service under this section shall be made with the consent of the Minister for Finance.
Home nursing.
60.—A health board shall, in relation to persons with full eligibility and such other categories of persons and for such purposes as may be specified by the Minister, provide without charge a nursing service to give to those persons advice and assistance on matters relating to their health and to assist them if they are sick.
Home help service.
61.—(1) A health board may make arrangements to assist in the maintenance at home of—
(a) a sick or infirm person or a dependant of such a person,
(b) a woman availing herself of a service under section 62, or receiving similar care, or a dependant of such a woman,
(c) a person who, but for the provision of a service for him under this section, would require to be maintained otherwise than at home,
either (as the chief executive officer of the board may determine in each case) without charge or at such charge as he considers appropriate.
(2) In making a determination under subsection (1), the chief executive officer of a health board shall comply with any directions given by the Minister.
Chapter IV
Services for Mothers and Children
Medical and midwifery care for mothers.
62.—(1) A health board shall make available without charge medical, surgical and midwifery services for attendance to the health, in respect of motherhood, of women who are persons with full eligibility or persons with limited eligibility.
(2) A woman entitled to receive medical services under this section may choose to receive them from any registered medical practitioner who has entered into an agreement with the health board for the provision of those services and who is willing to accept her as a patient.
(3) When a woman avails herself of services under this section for a confinement taking place otherwise than in a hospital or maternity home, the health board shall provide without charge obstetrical requisites to such extent as may be specified by regulations made by the Minister.
Medical care for infants.
63.—(1) A health board shall make available without charge medical, surgical and nursing services for children up to the age of six weeks whose mothers are entitled to avail themselves of services under section 62.
(2) Services under this section shall be provided for a child by any registered medical practitioner whom the parent of the child has chosen, who has entered into an agreement with the health board for the provision of those services and who is willing to accept the child as a patient.
Maternity grants.
64.—(1) A health board shall pay a cash grant in respect of each confinement to a woman who is a person with full eligibility, who fulfils the prescribed conditions and whom it is not proposed to maintain in an institution after the confinement (otherwise than for the purpose of medical or surgical treatment) by or at the expense of the health board.
(2) The amount of a grant under this section shall be—
(a) where there is live issue, £8 in respect of each child born alive,
(b) where there is no live issue, £8.
(3) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930, relating to an illegitimate child for payment of expenses incidental to the birth of the child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a grant under this section.
(4) In this section “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a living or dead child.
Milk for mothers and children.
65.—(1) A health board may make arrangements for the supply of milk to expectant mothers with full eligibility, nursing mothers with full eligibility, and children under five years of age whose parents are unable from their own resources to provide the children with an adequate supply of milk.
(2) In this section “milk” includes foods derived wholly or mainly from milk.
Child health service.
66.—(1) A health board shall make available without charge at clinics, health centres or other prescribed places a health examination and treatment service for children under the age of six years.
(2) A health board shall make available without charge a health examination and treatment service for pupils attending a national school or a school to which this section has been applied by an order under subsection (3).
(3) When the governing body of a school which is not a national school so requests, a health board may at its discretion by order apply this section to the school.
(4) A school manager may be required, when notice has been given to him by a health board, to provide reasonable facilities for an examination under this section.
(5) Nothing in this section shall be construed as authorising a health board to provide any general domiciliary service or any services such as are mentioned in section 52, 56 or 67.
Chapter V
Other Services
Dental, ophthalmic and aural services.
67.—(1) A health board shall make dental, ophthalmic and aural treatment and dental, optical and aural appliances available for persons with full eligibility and persons with limited eligibility.
(2) A health board shall make dental, ophthalmic and aural treatment and dental, optical and aural appliances available in respect of defects noticed at an examination under the service mentioned in section 66.
(3) Save as provided for under subsection (4), charges shall not be made for treatment and appliances made available under this section.
(4) The Minister may, with the consent of the Minister for Finance, make regulations—
(a) providing for the imposition in specified circumstances of charges for services under this section for persons who are not persons with full eligibility or for specified classes of such persons, and
(b) specifying the amounts of the charges or the limits to the amounts of the charges to be so made.
Rehabilitation services.
68.—(1) A health board shall make available a service for the training of disabled persons for employment suitable to their condition of health, and for the making of arrangements with employers for placing disabled persons in suitable employment.
(2) For the purposes of subsection (1) a health board may provide and maintain premises, workshops, farms, gardens, materials, equipment and similar facilities.
(3) A health board may provide equipment, materials or similar articles for a disabled adult person where neither the person nor the person's spouse (if any) is able to provide for his maintenance.
Maintenance allowances for disabled persons.
69.—(1) A health board shall provide for the payment of maintenance allowances to disabled persons over sixteen years of age where neither the person nor the person's spouse (if any) is able to provide for his maintenance.
(2) Regulations relating to the service under this section shall not be made save with the consent of the Minister for Finance.
Screening tests.
70.—A health board shall make arrangements for carrying out tests on persons without charge, for the purpose of ascertaining the presence of a particular disease, defect or condition that may be prescribed.
Information and advice on health.
71.—(1) The Minister may make arrangements for the dissemination of information and advice on matters relating to health and health services.
(2) A health board shall make arrangements for the dissemination of information and advice on matters relating to health and health services.
Chapter VI
Miscellaneous Provisions Regarding Services
Regulations.
72.—(1) The Minister may make regulations applicable to all health boards or to one or more than one health board regarding the manner in which and the extent to which the board or boards shall make available services under this Act and generally in relation to the administration of those services.
(2) Regulations under this section may provide for any service under this Act being made available only to a particular class of the persons who have eligibility for that service.
(3) Notwithstanding any other provision of this Act, regulations made under the Health Act, 1953 shall continue in operation and shall be deemed to have been made under this Act and to be capable of amendment or revocation accordingly.
Determination of doubt as to responsible Health Board.
73.—The Minister shall decide, in case of doubt or dispute regarding a particular person or persons of a particular class, which health board shall be responsible for the provision for such person or persons of such class (where appropriate) of any service under the Health Acts, 1947 to 1970.
Recovery of charges and contributions.
74.—Any charge which may be made or contribution which may be levied by a health board under the Health Acts, 1947 to 1970, or regulations thereunder may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from the person in respect of whom the charge is made, from the person's spouse (if any) or, in case the person has died, from his legal personal representative.
False statements, etc.
75.—If any person, for the purpose of obtaining any service under the Health Acts, 1947 to 1970, whether for himself or some other person, or for any purpose connected with those Acts—
(a) knowingly makes any false statement or false representation or knowingly conceals any material fact, or
(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
PART V
Miscellaneous Provisions
Amendment of hospital charters, etc.
76.—(1) The Minister may by order, on the application of the governing body of a hospital, amend a charter or private Act relating to that hospital.
(2) A draft of an order which it is proposed to make under this section shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.
(3) Before laying the draft of an order under this section before each House of the Oireachtas, the Minister shall consult the Commissioners of Charitable Donations and Bequests for Ireland.
Removal of bodies.
77.—Where the body of a deceased person is found in the functional area of a health board, the board may, in accordance with regulations made by the Minister with the consent of the Minister for Justice, arrange for the removal of the body to appropriate premises.
Control of possession of certain substances.
78.—(1) The Minister may make regulations for the control of the possession of a substance to which this section applies.
(2) Regulations under this section may provide for the prohibition of the possession of a substance to which the regulations relate, except by persons or classes of persons specified in the regulations and in circumstances and under conditions specified in the regulations.
(3) A person who contravenes or attempts to contravene a regulation under this section or who solicits or incites another person to contravene such a regulation shall be guilty of an offence.
(4) Every person guilty of an offence under this section shall be liable—
(a) on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding six months, or to both such fine and such imprisonment; or
(b) on conviction thereof on indictment, to a fine not exceeding five hundred pounds or to imprisonment for any term not exceeding five years, or to both such fine and such imprisonment,
and the court by which the person was convicted may order the forfeiture, and the disposal in such manner as the court thinks fit, of the substance in respect of which the offence was committed.
(5) (a) Section 31 of the Dangerous Drugs Act, 1934 (which empowers a Justice of the District Court to issue a search warrant in certain cases), shall apply to the possession of a substance to which regulations under this section relate as if it were a drug, substance or product referred to in the said section 31 and the regulations were made under that Act.
(b) Section 32 of the said Dangerous Drugs Act, 1934 (which empowers a member of the Garda Síochána to arrest without warrant in certain circumstances), shall apply to an offence under this section as if it were an offence under that Act.
(6) This section applies to any substance which may be used in the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect, or for the modification of any human physiological function, and which, in the opinion of the Minister, produces or is capable of producing depressant, stimulant or hallucinogenic effects on the human central nervous system.
Extension of Rats and Mice (Destruction) Act, 1919.
79.—Notwithstanding section 11 of the Rats and Mice (Destruction) Act, 1919, whenever a health board is unable to trace the occupier of land, a notice under section 5 of that Act may be served by affixing the notice on or to a gate, door or a prominent part of the land.
Restriction of Health Services (Financial Provisions) Act, 1947.
80.—A contribution to a health board under section 32 shall not be included in the net health expenditure of a local authority for the purposes of the Health Services (Financial Provisions) Act, 1947.
Amendment of section 3 of Mental Treatment Act, 1945.
81.—The Mental Treatment Act, 1945, is hereby amended by—
(a) the deletion in section 3 of the definitions of “the appropriate assistance officer”, “authorised medical officer”, “chargeable patient”, “joint authority”, “joint board”, “mental hospital assistance”, “visiting committee of an auxiliary mental hospital”, and “visiting committee of a district mental hospital”,
(b) the insertion in section 3 after the definition of “district mental hospital” of the following—
“ ‘eligible patient’ means a patient who is a person with full eligibility or a person with limited eligibility within the meaning of sections 45 and 46 of the Health Act, 1970”, and
(c) the substitution of “eligible patient” for “chargeable patient” in each case where that occurs.
Adaptation of Mental Treatment Acts, 1945 to 1966.
82.—(1) The Minister may by order make, in respect of any enactment in the Mental Treatment Acts, 1945 to 1966, any adaptations or modifications (including the substitution of a new provision for an existing provision in such an enactment) which appear to him to be necessary to enable that enactment to have effect in conformity with this Act.
(2) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Local inquiries, etc.
83.—(1) In relation to an inquiry which the Minister causes to be held under section 83 of the Local Government Act, 1941—
(a) any reference in that section to a local authority shall be construed as a reference to a health board,
(b) any reference in section 90 of the Local Government Act, 1946, to a local authority shall be construed as a reference to a health board, and any reference in that section to the manager for a local authority shall be construed as a reference to the chief executive officer of a health board.
(2) Sections 84 to 86 of the Local Government Act, 1941, shall apply in relation to health boards and officers of health boards.
Public assistance.
84.—(1) Notwithstanding anything contained in the Public Assistance Act, 1939, the functional area of a local authority specified in subsection (2) shall become and be a public assistance district for the purposes of that Act, and the local authority shall be the public assistance authority for the public assistance district.
(2) The following shall be local authorities for the purposes of this section—
the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
the council of the county of Dublin;
the Lord Mayor, Aldermen and Burgesses of Cork;
the council of the county of Cork;
the Mayor, Aldermen and Burgesses of Limerick;
the council of the county of Limerick;
the Mayor, Aldermen and Burgesses of Waterford;
the council of the county of Waterford.
Regulations regarding adaptations.
85.—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 adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.
Amendment of City and County Management (Amendment) Act, 1955.
86.—The City and County Management (Amendment) Act, 1955 is hereby amended by the deletion in section 12 (1), section 13 (1) and section 14 (1) of “the Minister for Health and”.
FIRST SCHEDULE
Enactments Repealed
Number and Year | Short title | Extent of Repeal |
(1) | (2) | (3) |
No. 18 of 1933. | Section 14 (except subsection (6)), sections 15 to 19 and section 24 (3) and 24 (4). | |
No. 9 of 1940. | Public Hospitals (Amendment) Act, 1940. | Sections 2 to 4. |
No. 19 of 1945. | ||
No. 28 of 1947. | Parts II and VII, sections 99, 102 and 104. | |
No. 47 of 1947. | The whole Act. | |
No. 27 of 1950. | ||
No. 26 of 1953. | Parts II and III; sections 45 to 53, 71 and 72. | |
No. 23 of 1954. | Health Act, 1954. | The whole Act. |
No. 16 of 1957. | Health and Mental Treatment Act, 1957. | The whole Act. |
No. 37 of 1958. | Health and Mental Treatment (Amendment) Act, 1958. | The whole Act. |
No. 9 of 1960. | Health Authorities Act, 1960. | The whole Act except sections 15 (8), 15 (9), 24 and the Fourth Schedule. |
No. 18 of 1961. | Nurses Act, 1961. | Section 4 (3). |
No. 2 of 1966. | Health and Mental Treatment (Amendment) Act, 1966. | The whole Act. |
SECOND SCHEDULE
Rules in relation to Membership and Meetings of Health Boards
Section 5 and section 41.
Appointments
1. (1) The members of the board to be appointed by the council of a county shall be appointed, in the case of the first appointment, at a meeting of the council held next after the establishment of the board, and thereafter at the annual meeting of the council held next after every quinquennial election of the members of the council.
(2) Where there are members of the board to be appointed by the corporation of a county borough, those members 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 board, and thereafter at the quarterly meeting of the city council held next after every quinquennial election of members of the city council.
(3) The members of the appropriate health board to be appointed by the Corporation of Dún Laoghaire shall be appointed, in the case of the first appointment, at the meeting of the Dún Laoghaire Borough Council held next after the establishment of the board, and thereafter at the quarterly meeting of that council held next after every quinquennial election of members of that council.
2. (1) Where, under Rule 1, two or more members fall to be appointed to a health board at a meeting of a council of a county, a city council or the Dún Laoghaire Borough Council, they shall be appointed as follows:
(a) any group of councillors comprising the necessary number of councillors may nominate a councillor to be a member of the board and he shall be appointed on that nomination without any voting;
(b) the remainder of the members of the board shall be appointed successively by a majority of the votes of the councillors who are not members of any group of councillors as aforesaid;
(c) the number of councillors necessary to form a group for the purposes of this rule shall be obtained by dividing the total number of councillors present at the appointment by the number of 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;
(d) no councillor shall be a member of more than one group.
(2) Where, under Rule I, one member falls to be appointed to a health board, he shall be appointed at the appropriate meeting by a majority of the votes of the councillors present at the appointment.
3. Where part only of a county is included in the functional area of a health board, a member of the council for that county elected for a county electoral area no part of which is included in the functional area of the health board shall not be eligible to be appointed a member of that board under Rule 1.
4. A member of the council for the county of Dublin elected for the county electoral area which is coterminous with the borough of Dún Laoghaire shall not be eligible to be appointed a member of a health board by that council, and for the purposes of such appointments by that council the references in Rule 2 to “councillors” or “councillor” shall not include any councillor elected for that county electoral area.
5. (1) The members of the board to be elected in accordance with section 4 (2) (a) (ii) shall be so elected from time to time in accordance with regulations made by the Minister and for the term of office specified in such regulations.
(2) Regulations under this rule may, in relation to any class of members specified in the regulations, prescribe the qualifications to be held by candidates for election to membership.
6. The members of the board to be appointed by the Minister shall be appointed by him from time to time for such term of office not exceeding five years as he may specify.
Tenure of Office
7. Every member of the board shall hold office (unless he sooner dies, resigns or becomes disqualified or his membership terminates under Rule 11) until the day after his successor has been appointed or elected, as the case may be.
Disqualification
8. (1) A person who is an officer or servant of the board but not in a class specified under paragraph (2) shall be disqualified for being a member of the board.
(2) The Minister may by order specify a class of officer or servant to which this rule shall not apply.
9. (1) Where a member of the board 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 board.
(2) Where a member of the board was appointed by the corporation of a county borough or by the Corporation of Dún Laoghaire and he ceases to be (or is disqualified for being) a member of the city council or the Dún Laoghaire Borough Council (as the case may be), he shall also cease to be (or be disqualified for being) a member of the board.
Resignation and Termination of Membership
10. A member of the board may resign his membership by giving notice in writing signed by him to the secretary of the board, but the resignation shall not become effective until the meeting of the board held next after the receipt of the notice.
11. (1) Where a member of the board who was appointed by the council of a county has not, for a consecutive period of six months, attended a meeting of the board, his membership of the board shall thereupon terminate and the council shall, at its next meeting after the expiration of that period, appoint one of its members to fill the vacancy.
(2) Where a member of the board who was appointed by the corporation of a county borough or by the Corporation of Dún Laoghaire has not, for a consecutive period of six months, attended a meeting of the board, his membership of the board shall thereupon terminate and the city council or the Dún Laoghaire Borough Council (as the case may be) 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 board is abandoned because of 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 board for the purposes of this rule.
12. The membership of the board of a person elected in accordance with section 4 (2) (a) (ii) shall terminate if he ceases to have a qualification which entitled him to be a candidate for election.
13. The Minister may at any time terminate the appointment of a member of the board who was appointed by him.
Casual Vacancies
14. (1) A casual vacancy occurring among the members of the board appointed by the relevant local authorities 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.
(2) A casual vacancy occurring among the other members of the board shall be filled by appointment by the Minister.
Quorum
15. The quorum of the board shall be—
(a) where the total number of the members of the board is a number divisible by four without a remainder—
(i) one-fourth of the total number of the members of the board, or
(ii) five,
whichever is the greater, and
(b) where the total number of the members of the board 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
16. (1) The first meeting of the board shall be held on a day to be appointed by the Minister.
(2) A meeting of the board shall be held after each appointment of members by the relevant local authorities on a day to be appointed by the Minister.
(3) The board shall hold at least twelve meetings in each year and such other meetings as may be necessary for the performance of its functions.
Chairman and Vice-Chairman
17. (1) The board shall from time to time elect one of its members (not being a member who is an officer or servant of the board) to be chairman of the board and another of its members (not being a member who is an officer or servant of the board) to be vice-chairman of the board.
(2) A chairman or vice-chairman of the board shall hold office for the period specified by the board at his appointment unless—
(a) he ceases to be, or becomes disqualified for being a member of the board;
(b) he resigns the office of chairman or vice-chairman and his resignation becomes effective under this rule;
(c) the board by a resolution, for which not less than two-thirds of the members of the board voted and of the intention to propose which not less than seven days' notice was given to every person who was a member of the board when the notice was given, terminates his appointment as chairman or vice-chairman.
(3) A chairman or vice-chairman of the board may at any time resign his office of chairman or vice-chairman by giving notice in writing signed by him to the board, but the resignation shall not become effective until the commencement of the meeting of the board held next after the receipt by the board of the resignation.
(4) Whenever, at the election of a chairman or vice-chairman of the board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman or vice-chairman of the board.
Proceedings at Meetings
18. The proceedings of the board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the board or in the qualification of any member thereof.
19. The chairman or, in his absence, the vice-chairman of the board may call a meeting of the board.
20. If the chairman or, in his absence, the vice-chairman of the board refuses to call a meeting of the board after a requisition for that purpose, signed by three members of the board, has been presented to him, any three members of the board may forthwith call a meeting and if the chairman or vice-chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the board, any three members of the board may, on the expiration of those seven days, call a meeting of the board.
21. Three clear days at least before a meeting of the board, notice of the time and place of the intended meeting signed by the chairman or vice-chairman or, if the meeting is called by members of the board, by those members, shall be fixed at the place at which the board are accustomed to meet and, if the meeting is called by members of the board, the notice shall specify the business proposed to be transacted thereat.
22. Three clear days at least before any meeting of the board, a summons to attend the meeting, specifying the business proposed to be transacted thereat and signed by the secretary of the board, shall be left or delivered by post at the usual place of abode of every member of the board, but failure so to leave or deliver such summons for or to a member or some of the members of the board shall not affect the validity of a meeting.
23. No business shall be transacted at a meeting of the board other than that specified in the summons relating thereto.
24. At a meeting of the board—
(a) the chairman of the board shall, if he is present, be chairman of the meeting,
(b) if and so long as the chairman of the board is not present or the office of chairman is vacant, the vice-chairman shall, if he is present, be chairman of the meeting,
(c) if and so long as the chairman of the board is not present or the office of chairman is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the board who are present shall choose one of their number to be chairman of the meeting.
25. Minutes of the proceedings of a meeting of the board shall be drawn up and entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next ensuing meeting.
26. The names of the members present at a meeting of the board shall be recorded in the minutes of the proceedings of the meeting.
27. The names of the members voting on any question arising at a meeting of the board 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.
28. All acts of the board and all questions coming or arising before the board may be done and decided by the majority of such members of the board as are present and vote at a meeting of the board duly held according to law.
29. In case of equality of votes on any question arising at a meeting of the board, (other than the election of a chairman or vice-chairman) the chairman of the meeting shall have a second or casting vote.
30. A member of the board who has—
(a) any interest in any company or concern with which the board proposes to make any contract, or
(b) any interest in any contract which the board proposes to make,
shall disclose to the board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the board relating to the contract, and any such disclosure shall be recorded in the minutes of the board.
31. The board may make standing orders for the regulation of its proceedings, other than proceedings the regulation of which is provided for by or under statute (including this Act), and may amend or revoke such standing orders.
32. The seal of the board shall be authenticated by the signature of the chairman (or some other member authorised to act in that behalf) and the signature of an officer of the board authorised to act in that behalf.
THIRD SCHEDULE
Provisions consequential on Dissolutions
Transfer of property.
1. (1) Any 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 dissolved body 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 body to which it is transferred for all the estate, term of interest for which the same immediately before the commencement was vested in or belonged to or was held in trust for the dissolved body, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(2) Any 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 dissolved body shall, upon the request of the body to which it is transferred made at any time after the commencement, be transferred in such books by such bank, corporation or company into the name of that body.
(3) After the commencement, every chose-in-action transferred in accordance with this paragraph to a body may be sued upon, recovered or enforced by that body in its own name, and it shall not be necessary for the body to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.
Transfer of liabilities.
2. (1) Any debt and other liability (including stock and mortgage debts, and 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 dissolved body shall, on the commencement, become and be the debt or liability of the body to which it is transferred and shall be paid or discharged by and may be recovered from or enforced against that body accordingly.
(2) A dissolution under section 34 shall not invalidate or affect any paying order which may have been issued by the dissolved body and not presented for payment before the commencement or any authority given by the dissolved body for the payment of the amount of the paying order, and the body to which the relevant liability is transferred 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. Any bond, guarantee, or other security of a continuing character made or given by the dissolved body to another person or by any person to the dissolved body and in force immediately before the commencement, and every contract or agreement in writing made between the dissolved body and another person and not fully executed and completed before the commencement shall, notwithstanding the dissolution, continue in force after the commencement but shall be construed and have effect as if the name of the body specified in the relevant order under section 34 were substituted therein for the name of the dissolved body and such security, contract or agreement shall be enforceable accordingly by or against the body so specified.
Continuance of rules and regulations.
4. Any rule and regulation lawfully made by the dissolved body 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 made on the commencement by the body in which the relevant functions are vested by this Act 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 dissolved body, 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 body in which the relevant functions are so vested in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the dissolved body if this Act had not been passed.
Continuance of resolutions, etc.
5. Any resolution passed, order made or notice served by the dissolved body 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 body in which the relevant functions are vested by this Act on the date on which the same was actually passed, made or served by the dissolved body and as if the functions of the dissolved body were, on the said date, performable by the body in which the relevant functions are so vested.
Continuance of pending legal proceedings.
6. In any action, suit, prosecution or other proceeding which was pending immediately before the commencement in any court or tribunal and to which the dissolved body was a party, the body specified in the relevant order under section 34 shall on the commencement become and be a party in the place of the dissolved body and such proceeding shall be continued between the body so specified and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution.
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 dissolved body and which, immediately before the commencement, would be receivable in evidence shall, notwithstanding the dissolution, 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 dissolved body would, if verified in a particular manner by a particular officer of that body, have been admissible 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 health board or other body corresponding to the particular officer, be admitted after the commencement as evidence of the contents to the same extent as the 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 dissolved body and of committees thereof and of the respective officers of the dissolved body 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 the 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) Any officer of the dissolved body 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 dissolved body and also every member of the dissolved body 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. Any person, who immediately before the commencement was an officer of the dissolved body shall, on such commencement, be transferred to the service of the body specified in the relevant order under section 34 and become and be an officer of that body and, for the purposes of any enactment relating to superannuation, his office under the dissolved body shall be deemed not to have been abolished.
Preservation of contracts of service.
10. Any contract of service (express or implied) in force immediately before the commencement between the dissolved body and any person not being an officer of the dissolved body shall continue in force after the commencement, but shall be construed and have effect as if the body specified in the relevant order under section 34 were substituted therein for the dissolved body, and every such contract shall be enforceable accordingly by or against the body so specified.